
















mnp 


^SliSEP 




1 


k 


L 




Class _ /r^^ 



Book 



7WS4t 



SMITHSONIAN DEPOSIT 



f 
TlTill^OrtT 



KENTUCKY COMMISSIONERS 



TO THE LATE 



PEACE CONFERENCE HELD AT WASHINGTON CITY, 



MADE TO T[[K LEGISLATURE OF KEXTLCKY. 



FRANKFORT, KY.: 

rrilKTED AT THK V K M A N OFFICE, 

JNO. B. MAJOR, STATE PRINTER. 

18G1. 



,.^^i3 



'-(Aw 



MAJOKITY KErORT. 



Washington, February 28, 1861. 
To His Excellency, Bcriali Magoffin, Governor of Kentucky: 

The undersigned, Commissioners appointed ])y a resolution of the 
General Assembly of the Commonwealth of Kentucky, to meet such 
Commissioners as might be appointed by the several States in accord- 
ance with the request of the State of Virginia, to confer together 
upon the present condition of our country, respectfully report. 

That they assembled in the city of Washington on the 4th inst., 
twenty-one States being represented, and continued in session until the 
■27th inst., and finally agreed on the inclosed printed propositions as a 
basis of settlement and pacification. The journal of our proceedings, 
as soon as completed and printed, will be transmitted as part of this 

report. 

Respectfully, 

JAMES GUTHRIE, 
C. S. MOREHEAD, 
JOSHUA F. BELL, 
C. A. WICKLIFFE. 

p. S. — It is proper to remark, that before this report was written 
and signed, two of the Commissioners, Hon. J. B. Clay and Gen. 
Butler, had left the city. 



REPORT OF COMMITTEE. ARTICLE 13. 

SectioxI. In all the present territory of the United States, not 
embraced within the limits of the Cherokee treaty grant, north of a 
line from east to west on the parallel of 36 degrees 30 minutes north 
latitude, involuntary servitude, except in punishment of crime, is prohib- 
ited whilst it shall 'be under a Territorial government; and in all the 
present territory south of said line, the status of persons owing service 
or labor as it now exists shall not be changed by law while such terri- 
tory shall be under a Territorial government; and neither Congress nor 
the Territorial government shall have power to hinder-or prevent the 
taking to said territory of persons held to labor or involuntary service, 
within the L'nited States, according to the laws or usages of the State 
from which such persons maybe taken, nor to impair tlie rights arising 
out of said relations, which shall be subject to judicial cognizance in 
the federal courts, according to the common law ; and when any terri- 
tory north or south of said line, within such boundary as Congress may 
prescribe, shall contain a population required for a member of Con- 
gress, according to the then federal ratio of representation, it shall, if 
its form of government be republican, be admitted into the Union on 



4 PEACE CONFERENCE REPORT. 

an equal footing with the original States, with or without involuntary 
service or labor, as the constitution of such new State may provide. 

Section 2. Territory shall not be acquired by the United States, 
unless by treaty ; nor, except ibr naval and commercial stations and 
depots, unless such treaty shall be ratified by four fifths of all the 
members of the Senate. 

Section 3. Neither the Constitution, nor any amendment thereof, 
shall be construed to give Congress power to regulate, abolish, or con- 
trol, within any State or Territory of the United States, the relation 
established or recognized by the laws thereof touching persons bound 
to labor or involuntary service therein, nor to interfere with or abolish 
involuntary service in the District of Columbia without the consent of 
Maryland and without the consent of the owners, or making the own- 
ers who do not consent just compensation; nor the power to interfere 
with or prohibit representatives and others from bringing with them to 
the city of Washington, retaining and taking away, persons so bound 
to labor; nor the power to interfere with or abolish involuntary ser- 
vice in places under the exclusive jurisdiction of the United States 
within those States and Territories where the same is established or 
recognized ; nor the power to prohibit the removal or transportation, 
by land, sea, or river, of persons held to labor or involuntary service 
in any State or Territory of the United States to any other State or 
Territory thereof where it is established or recognized by law or usage, 
and the right during transportation of touching at ports, shores, and 
landings, and of landing in case of distress, shall exist. Nor shall 
Congress have power to authorize any higher rate of taxation on per- 
sons bound to labor than on land. 

Section 4. The third paragraph of the second section of the fourth 
article of the Constitution shall not be construed to prevent any of the 
States, by appropriate legislation, and througli the action of their judi- 
cial and ministerial officers, from enforcing the delivery of fugitives 
from labor to the person to whom such service or labor is due. 

Section 5. The foreign slave trade and the importation of slaves 
into jthe United States and their Territories, from places beyond the 
present limits thereof, are forever prohibited. 

Section 6. The first, third, and fifth sections, together with this sec- 
tion six of these amendments, and the third paragraph of the second 
section of the first article of the Constitution, and the third paragraph 
of the second section of the fourth article thereof, shall not be amend- 
ed or abolished without the consent of all the States. 

Section 7. Qongress shall provide by law that the United States 
shall pay to the ov^aier the full value of his fugitive from labor, in all 
cases whei-e the marshal, or other ofiicei', whose duty it was to arrest 
such fugitive, was prevented from so doing by violence or intimidation 
from mobs or riotous assemblages, or when, alter arrest, such fugitive 
was rescued by force, and the owner thereby prevented and obstructed 
in the pursuit of his remedy for the recovery of such fugitive. 



PEACE CONrEUFNCE REPORT. 

Franki-okt, March 20tl), IHGl. 
To His Excellency, B. Macoffin, Govrrnor of Kcntachj: 

The undert^igned, having made a brief report to you as Commissioner? 
from the State of Kentucky, to the Convention of States ast«emhU;d 
at Washington City, on the' 4th of February last, on the invitation of 
the State of Virj^inia, and not having it in their power at that time 
to transmit a journal of their proceedings, beg leave now to do so. 
It came to hand to-day, and we avail ourselves of the earliest moment 
to submit it to your Excellency, and through you to the Legislature. 

From this document it will be perceived that the Crittenden propo- 
sitions, as modified by the suggestions of Virginia, were offered and 
failed to be passed, the original propositions of Mr. Crittenden were 
afterwards offered and iikev^ase failed In both instances Kentucky / 
voted as an unit in favor of the propo.-^itions. These having failed, the 
propositions heretofore transmitted to you were passed, and it may not 
be improuer to give some explanations of the sections adopted. 

The resolutions of Virginia suggested the amendments of the Con- 
Btitution proposed by Mr. Crittenden, with additions proposed by that 
State, as the basis of the action of the Conference of States in their 
efforts to adopt some plan to restore harmony to a divided country and 
to preserve the Union. It will be i)roper here to state what were the 
leading provisions of Mr. Crittenden's proposed amendment, and also 
to state the amendment of the Constitution proposed by the Conven- 
tion of States. 

Upon the territorial question, the amendment of Mr. Crittenden pro- 
vides, that "in all the territory now or hereafter to be acquired north 
of latitude 36 deg. 30 min., slavery or involuntary servitude, except as^ 
a punishment for crime, is prohibited ; while in all territory south of 
that line slavery is hereby recognized as existing, and shall not be in- 
terfered with by Congress, but shall be protected as property by all the 
departments of* the territorial government during its continuance ; all 
the territory north or south of said line, within such boundaries as 
Congress may prescribe, when it contains a population necessary for a 
member of Congress, with a llej)ublican form of goverment, shall be 
admitted into the Union on an equality with the original States, with 
or without slavery, as the Constitution of the State shall prescribe." 

The corresponding section of the amendment proposed by the Con- 
ference of the States upon the same subject is as follows : " In all the 
present territory of trie United States, north of the parallel of 3« deg. 
30 min. north latitude, involuntary servitude, except as punishment of 
crimes, shall be prohibited. In all the present territories south of that 
line, the status of persons held to involuntary servitude or labor, as it 
now exists, shall not be changed ; nor shall any law be passed by 
Congress or the territorial legislature to hinder or prevent the taking 
of such persons in the States of this Union to said territory, nor im- 
pair any rights arising from said relation; but the same shall be 
subject to the judicial cognizance of the Federal courts, according to 
the course of the common law ; " the latter clause of wliich provides 
for the admission into the Union, in such convenient territory as Con- 



6 PEACE CONFERENCE REPORT. 

gress may provide, States with or without slavery, as their Constitution 
may provide, when the population shall be equal to the ratio of 
representation in Congress, shall be admitted into the Union. The 
only substantial difierence between the two sections, that of Mr. 
Crittenden and the Convention of States, is, that the section of the 
Conference does not provide for a division of future acquired territory. 
This provision was objected to by many of the States represented, 
because they believed the present boundaries and territory of the 
United States were large enough ; they did not wish to place in the 
Constitution a section which presented to the world that we were pre- 
paring our Government with power to make aggressions upon the 
territory of our- neighbors. 

It was believed that to insist upon this proposition, which may never 
be called into action, would prevent the harmonious settlement of the 
difficulties now existing between the two sections of the United States. 
We believe it would be regretted by every patriot if any honest 
and peaceful settlement of our present difficulties should be prevented, 
by insisting upon a provision dividing territory that the United States 
did not own, and may never acquire. With this exception, the prop- 
osition to divide the territory is the same in the amendment proposed 
by the Convention and by Mr. Crittenden's proposition. There is a 
difference of language, in some respects, betvi^een the two sections, 
but they both mean the same thing; that is, African slavery. The 
resolution of Mr. Crittenden declares that slavery or involuntary servi- 
tude shall not exist north of 3G deg. 30 min., while in all the territory 
south of that line, " slavery is hereby recognized as existing." 

The section of the Conference employs the ^language of the present 
Constitution, the same language as is used in the ordinance of 1787 to 
express the same idea, which does mean, and has been held by the leg- 
islative, judicial, and executive departments of the Government to 
mean, African slavery and property in the same. The Representatives 
from the free States preferred the language employed in the Constitu- 
tion, to which we could see no just objection ; nor can there be any 
valid objection to the language employed in this section of the amend- 
ment. 

The expressions used in Mr. Crittenden's section, " that slavery is 
hereby recognized as existing south of that line," was objected to by 
some, as it might be construed it meant to establish slavery in the ter- 
ritory by a constitutional provision. To obviate all difficulty, and 
remove all excuse for voting against this section of the Conference by 
those who manifested a desire to co-operate with the Southern States, 
the original proposition was amended in its language, and the section 
ma le to read, " that the status of persons held to involuntary service or 
labor, as it now exists, shall not be changed by any law of Congress 
or the territory." 

It may be well here to state what is the status of persons held to 
involuntary service or labor in all the territory of the United States 
south of 36 deg. 30 min. By the law of New Mexico, which covers 
the whole of the territory south of that line, African slavery exists by 
territorial enactment, protected by the Constitution of the United States. 



PEACE CONFERENCE TtErORT. t 

The laws of the Territory protect the ri,u:ht of the owner; jtrovidr 
remedies, eivil and criminal, I'dji: injuries or violation of .such right, as 
completely and as eiiectually {i|s it is protected in the .State of Ken- 
tucky. This right, as it now exists, and the right to lake slaves into 
that territory, shall not be impaired or changed by Congress, or the 
laws of the territory. If, after the adoption of this clause as a part 
of the Constitution, the territorial legislature should repeal its laws, or 
there should be a change of the decision in the Dred Scott case, the 
right and interest of the master in his slave would not and could not 
be impaired. 

It was thought by some that a territorial legislature might repeal 
the statutes furnishing the rcunedies now existing for the rights and 
protection of the owners of slaves, under the idea that it would not be 
a violation of the right or interest of the owner. The provision was 
added that the same — that is, the right in and to the slave, and for in- 
juries — should be subject to the official cognizance of the Federal Courts, 
according to the course of the connnon law. it was believed that 
all intelligent minds, nay, any person of ordinary capacity, \t^ould 
comprehend the true meaning of this portion of the section. By some 
who are opposed to all adjustment of our present national difficulties, 
the meaning of this clause has been perverted. It is chai'ged that the 
South has only secured to her such interest in African slavery as the 
common law recognizes; and as the common law tloes not recognize 
slavery in man, the provision is useless. Such objections do not dis- 
criminate between right and remedy. Slavery, as it now exists by law 
in New Mexico, is recognized, and is not to be impaired by law; and 
if the right be interfered with by others, if the territorial law has not 
furnished a remedy, the injured owner is remitted to that common law 
which provides an adequate remed}' for every wrong committed upon 
person or property. 

To charge that the section refers the master to the common law as 
giving or establishing his right to a slave, is an imputation upon the 
intelligence of the members of the Convention North and South, who 
voted for it. Take the clause as it stands, and the statute of New 
Mexico : if the clause were adopted as part of the Constitution, then we 
aver no owner of a slave in Kentucky is vested with a better right, or 
armed with a better remedy for the protection of that right and the 
redress of the injury committed upon his slave. The provision is bet- 
ter, it is more permanent for the protection of slave property in a 
territory, than the simple constitutional injunction, " that it shall be 
protected as property by all the departments of the territorial govern- 
ment." 

The second section of the amendment proposed by the Conference 
is in these words : " No territory shall be acquired by the United 
States, except by discovery, and for naval and commercial stations, 
depots, and transit routes, without the concurrence of a majority of all 
the Senators, from the States which allow involuntary servitude, and 
from a majority of the Senators of the States which prohibit the 
relation. Nor shall territory be acquired by treaty, unless the votes of 
of the Senators from each of the States hereinbefore 



8 PEACE CONFERENCE REPORT, 

mentioned be cast as a part of the two thirds majority necessary for 
the ratification of such treaty." 

This section was proposed and insisted upon by Virginia, and was 
intended to qualify tlie treaty-making power of thie United States, so 
as to secure each section against any improper annexation of territory ; 
and if such majority be obtained, it will be upon an agreement for a 
fair division between the two sections-^ for settlement and Occupation. 

The third section of the article agreed to by the Convention is as 
follows : 

" Neither the Constitution, nor any amendment thereof, shall be 
construed to give Congress the power to regulate, abolish, or control, 
within any State or Territoiy of the United States, the relation estab- 
lished and recognized by the laws thereof touching persons held to 
labor or involuntary service therein, nor to interfere with or abolish 
involuntary service in the District of Columbia, w^ithout the consent 
of Maryland, or without the consent of the owners, or making the 
owners who do not consent, just compensation ; nor the power to inter- 
fere with or prohibit Representatives or others from bringing with 
them to the District of Columbia, retaining and taking away, persons 
so held to laber or service ; nor the power to inteifere with or abolish 
involuntary service in places under the exclusive jurisdiction of the 
United States, within those States and Territories where the same is 
established or recognized, nor the power to prohibit the removal or 
transportation of persons held to labor or involuntary service in any 
State or Territory of the United States, to any other State or Territory 
thereof, where it is established or recognized by law or usage ; and the 
right during the transportation, by sea or river, of touching at ports, 
?h°ores, landings, and landing in case of distress, shall exist; but not 
the right of transit in or through any State or Territory for sale or 
traffic against the laws thereof; nor shall Congress have power to 
authorize any higher rate of taxation on persons held to labor or ser- 
vice, than lands. The bringing into the District of Columbia persons 
held to labor or service for sale, or placing them in depots, to be after- 
wards transferred to other places for sale as merchandise, is prohibited." 

This section embraces all of the 2d, 3d, and 4th sections of Mr. 
Crittenden's amendment, except the latter clause, which proposed to 
guarantee the right to take slaves through States where slavery does 
not exi.4. The amendment of the Convention does not embrace this 
clause ; and the right to do so is left where it has always rested, to the 
comity of each State. Some of the States where slavery exists, 
have, by statutes, prohibited the passage or importation of slaves as 
merchandise, in or through their territory. They have prohibited the 
importation of slaves by their own citizens, for their own use, from 
other States. It was deemed that such a provision would be an inva- 
sion upon the rights of the States, and, therefore, the amendment of 
the Convention h^l't that question where it has rested ever since the 
Constitution was adopted. The right thus to transpoi-t any slaves 
through any State is not embraced by the amendment. This exception 
applie'< to all the States, slave as well as free. The 4th section is as 
follows : 



PEACE CONFERENCE REPORT. 9 

" The 3J paragraj)]i of the 2d section of the 4th article ol' the Gon- 
stituti(Mi shall not be construed to j)revent any of the States, hy 
appropriate legislation, and through the action of judicial and niinis- 
tcfial ollicers, from inl'orcing the delivery of fugitives from labor to 
persons to whom ^uch labor is due." 

It has been decided l)y the Supreme Court that any law of a State 
wdiieh provided means and I'urnished aid to the re-capture and leturn 
of fugitive slaves, was unconstitutional; this section permits States to 
pass such laws. The 5th section is as follows : 

" The foreign slave trade is hereby forever prohibited, and it shall 
be the duty of Congress to pass laws to prevent the importation ol' 
slaves, coolies, or persons held to service or labor, into the United 
States and territories, from places beyond the limits thereof." 

This section ought not to require any explanation ; no one can 
object to it except such as may desire the re-opening of the African 
slave trade. We have heard it suggested by some who seem to favor 
the independence of the seceded States, that upon their becoming 
independent and alien States, this clause would prohibit the importa- 
tion of such slaves from these seceded States into the United States. 
This should be so, else the United States might have their territory 
flooded by the African i-ace, whenever the Southern Confederacy shall 
open the xAfrican slave trade. 

The Gth section prohibits the repeal of any of the guarant<'es in the 
Constitution, or in this amendment, in relation to slave property, with- 
out the consent of all the States. 

The 7th section is as follows : Congress shall provide by law that 
the United States shall pay the owner full value for a fugitive from 
labor, in all cases where the marshal or other oflicer, whose duty it 
was to arrest such fugitive, was prevented from so doing by violence, 
or intimidation, from mobs or riotous assemblages, or when, after 
arrest, such fugitive was rescued by like violence or intimidation, and 
the owner thereby deprived of the same ; and the acceptance of such 
payment shall preclude the owner from further claim to such fugitive. 
Congress shall provide by law for securing to citizens of each State 
the privileges and immunities of citizens in the several States. 

This article is substantially the same as Mr. Crittenden's amend- 
ment. It makes it the duty of Congress to pay the owner the value of 
the slave, where the marshal shall be prevented by force or intiiuida- 
tion from executing the law, and where the slave shall be wrested from 
the owner after he is delivered. It was not necessary to provide in 
this section that Congress should provide by law how the United States 
may be indemnilied for such payment. Under this clause, and the 
section of the Constitution upon the subject of fugitives from labor, 
the power to pass such laws for the indemnity of the United States 
against such wrong-doers is plenary and full. 

The second section of article of the Constitution of the United 

States now reads : " The citizens of each State shall enjoy the privi- 
leges and immunities of the citizens of the several States." It gav.e 
Congress no right to legislate upon the subject; it operates as a pro- 
hibition to each vState from discriminating against the citizens of othec 

2 



10 PEACE CONFERENGE REPORT, 

States, and would make void all such legislation. The clause added 
to the 7th section of this article, that Congress shall provide by law 
for securing to the citizens of each State the privileges and immunities 
of citizens in the several States, cannot do more than to make such 
discriminating laws void, and is therefore harmless. 

The section of Mr. Crittenden's amendment giving power to Congress 
to acquire territory in Africa, or South America, for the colonization 
of free negroes, was not acceptable to the majority of the States. 
They seem to prefer to leave that question to the Colonization Society, 
as a subject better and cheaper managed than it would be under the 
Government of the United States. It is proper to state, that upon the 
1st section of the amendment, the vote of the Commissioners of Ken- 
tucky was not unanimous, nor was it always so upon questions of 
amxcndments ; but we claim for ourselves what we cheerfully accord 
to others, an honest and sincere purpose that some measure would be 
adopted that would give confidence, quiet, and security to the South ; 
and we regret, that owing to the excited partisan state and condition 
of members of Congress, both North and South, the shortness of time 
permitted no fair test by a vote upon the amendment proposed. 

Although the proposed amendment was not submitted to the States 
for adoption, the undersigned cannot hesitate to express a confident 
belief that the border free States'would grant all the guarantees se- 
cured by the amendment, and they cannot believe that the remaining 
free States would refuse to do the same whenever the question shall 
be fairly presented to the people, which they hope may be done by the 
next Congress when it shall convene. 

With great respect, yours, &c., 

C. A. WICKLIFFE, 
JAMES GUTHRIE, 
C. S. MOREHEAD, 
JOSHUA F. BELL. 



MINORITY REPORT. 



To His Excellency, Bcriah Magajfui, Governor of Kenliicky: 

The iindersi2;ne(l, two of the Commissioners appointed by resolution 
of the General Assembly of the Commonwealth of Kentucky, to meet 
such Commissioners as might be appointed by other States, in accord- 
ance with the request of the State of Virginia, to confer upon the 
unfortunate condition of our country, not having had an opportunity to 
unite with their co-commissioners in the report which they understand 
they have made, although they remained in the city of Washington a 
full day after the adjournment of the Convention for the purpose of 
Joining with them in a proper report to your Excellency, feel it due to 
themselves, and respectful as well as due to the General Assembly*, 
that they shall make this their separate report. 

The undersigned felt themselves bound, for the guidance of their 
action in the Convention, to regard in some degree the 4th resolution 
of the General Assembly which they beg here to quote : 

Resolved, That in the opinion of the General Assembly of Kentucky, 
the propositions embraced in the resolutions presented to the Senate 
of the United States, by the Hon. John J. Crittenden, so construed that 
the first article proposed as an amendment to the Constitution of the 
United States shall apply to all the Territory of the United States now 
held or hereafter acquired south of latitude 36 deg. and *J0 min., and 
provide tha.t slaveiy of the African race shall be efTectually protected 
as property herein during the continuance of the territorial govern- 
ment ; and the fourth article shall secure to the owners of slaves the 
right of transit with their slaves between and through the non-slave- 
holding States and Territories, constitute the basis of such an adjust- 
ment of the unhappy controvers}' which now divides the States of this 
Confederacy, as would be acceptable to the people of this Common- 
wealth. 

They conceived that this resolution set forth clearly the opinion 
of the General Assembly, as to what adjustment would be acceptable 
to the people of Kentucky, and at the same time negatived the idea 
that the resolutions of Mr. Crittenden would be acceptable, unless con- 
strued in the manner set forth in the resolution. Whilst they did not 
consider it to give them positive instruction, they did not feel them- 
selves to be at liberty to depart altogether from the wishes of the State, 
so solemnly announced by the representatives of its people. 

The undersigned have delayed making their report until the present 
time, in the hope of being able to append to it, as a part thereof, the 
journal of the Convention, which would have shown ever}' proposition 
made, with the vote by States upon such as were brought to a vote. 
They regret that although a committee was appointed for the express 
purpose of superintending the printing of said journal, they have not 



12 PEACE CONFEEENCE REPORT. 

as yet received a copy of it, and that their report is more incomplete 
than they would have desired to have made it. 

The Convention assembled in the city of Washington on the 4th of 
February, and continued its sessions until the 27th of that* month, 
when it adjourned siiie die. Before the final adoption of the proposed 
amendments to the Constitution, twenty-one States v/ere present by 
their delega,tes in Convention. A Committee on Resolutions, consist- 
ing of a member from each State, was appointed, to whom was refer- 
red various propositions of adjustment. That committee finally report- 
ed, as the result of its deliberations, a proposition to amend the Consti- 
tution by a 13th article, consisting of 7 sections, a copy of which, 
marked A, is filed as a part hereof. 

Notice of various substitutes for the report of the committee was 
given, but it was claimed and conceded that before a vote upon any 
substitute could be taken, the report of the committee should be amend- 
ed and perfected in convention. 

Many amendments were proposed ; upon some of them, the under- 
signed were so unfortunate as to differ from the opinion of the 
majority of their co-commissioners who cast the vote of the State. 
To one or two of the more important of them they Avould briefly call 
attention. A motion was made by Gov. Reid, a delegate from North 
Carolina, to amend the 1st section of the series, by inserting at the end 
of the clause, " and in all the present territory south of said line," the 
words '■'■ involuntary servitude is recognized, and. property in those of the 
African race held to service or labor in any of the States of the Union, 
ivhcn removed to such territory, shall be protected and. ''^ This amendment 
received the votes of but three States — Virginia, North Carolina, and 
Missouri. Seventeen States voted against it, Kentucky being one of 
them. From this vote the undersigned caused their dissent to be 
recorded. 

A motion was made by Mr. Seddon, a delegate from Virginia, to 
amend the 3d section of the series, by inserting at the end of the 
clause, "and the right during transportation of touching at ports, 
shores, and landings, and of landing in case of distress, shall exist," 
the words, " and if the transportation shall be by sea, the right to persons 
held to service or labor shall be pi^otccted by the Federal Government as other 
property.'''' This amendment was lost, Kentucky voting against it, from 
which vote the undersigned caused their dissent to be recorded. 

The entire first section of the report of the committee was stricken 
out. In lieu thereof, a proposition made by Mr. Franklin, a delegate 
from Pennsylvania, was adopted. This proposition is the first section 
upon the paper marked B. 

One of the undersigned (Mr. Clay) proposed, as an additional section 
to the report of the committee, a proposition to construe the second 
paragraph of the second section of the fourth article of the Constitu- 
tion, so that no State shall have the power to judge and determine 
what was treason, felony, or other crime, by the laws of another State, 
but that a person charged with treason, felony, or other crime in one 
State, who should flee from justice and be found in another State, 
should, on demand of the Executive authrritv of the State from which 



PEACE CONFERENCE REPORT. 13 

he fled, be delivered up, to he removed to the State having jurisdiction 
of the crime. This amciuhuent was lo^t; a hirj^e majority voting 
againtft it. 

Amendments too numerous to set forth in the limits of a report, 
were offered and voted upon. Finally, the report of tlie committee 
was i)erfected, and is tiled herewith as a part hereof, marked B. 

Substitutes for the report of the committee, as amended and per- 
fected, being now in order: among others, Mr. Seddon, of Virginia, 
offerred the anumdments to the Constitution, known as the Crittenden 
resolutions, with such additions and amendments as were asked by 
Virginia, (in substance, the same as those set forth in the resolutions 
of the General Assembly of Kentucky.) This substitute v as rejected 
by a large majority — receiving the votes of only a fev ►jtates. 

One of the undersigned (Mr. Clay) then ofiered as a substitute for 
the report of the committee, the amendments to the Constitution, 
known as the Crittenden resolutions, without the crossing a "t" or dot- 
ting an "i." This substitute was rejected — 1(5 States voting against it, 
and only 5 States voting for it. 

All substitutes having been rejected, the perfected report of the 
committee\B) came up in order. Upon it, the votfe of t^ie convention 
was taken by sections. On the first vote upon the first section, it 
was rejected by the votes of 11 States to 8. The convention adjourn- 
ed until the next morning ; when this vote was reconsidered. 

The seven sections of the report were then passed by the convention. 

Upon the first section, the vote stood, 9 States for, 8 States against. 
Four Southern States out of seven, and five Northern States out of 
fourteen, voting for it — Virginia and North Carolina both against it. 

The second section w^as passed — 11 States voting for it, 8 States 
against it. 

The third section was passed — 12 States voting for it, 7 States 
against it. 

The fourth section was passed — 15 States voting for it, 4 States 
against it. 

The fifth section was passed — lt> States voting for it, 5 States 
against it. 

The sixth section was passed — 11 States voting for it, 9 States 
against it. 

The seventh section was passed — 12 States voting for it, 7 States 
against it. 

The vote of Kentucky was cist by the majority of her commissioners 
in favor of every section of the seven. 

After the passage of the i-eport by sections, a vote was demanded 
upon it as an entirety, but was ruled to be out of order. 

The undersigned could not agree w4th their co-commissioners in 
casting the vote of Kentucky for the several sections of the proposed 
amendment to the Constitution, as adopted by the convention. They 
believed that the amendment, a.s a permanent settlement of the (jues- 
tions which have so unhappily divided the Northern and Southern 
sections of the United States, would prove wholly ineliectual, and 
that instead of providing securities and guarantees for the rights oi 



14 PEACE CONFERENCE KEPORTo 

the South, as they are believed now to exist under the Constitution and 
laws, involved a surrender of most important rights, and furnished 
adequate security to none. They propose to give briefly their reasons 
for this opinion. 

The first section undertakes to settle the territorial question by divid- 
ing all the present territory of the United States by a line upon the 
parallel of 36 degrees 30 minutes, north latitude; and provides that 
north of that line involuntary servitude, except in punish.ment of 
crime, shall be prohibited ; whilst south of that line the staiius of 
persons held to involuntary service or labor as it now exists, shall not 
be changed. 

What is the present extent of the territory of the United States ; 
and what is its siulvs respecting persons held to involuntary service or 
labor ? 

The present territory of the United States, including G7,020 square 
miles held by the Cherokee Indians, under treaty grant, amounts to 
1,287,277 square miles. By the southern construction of the decision 
of the Supreme Court, in the case of Dred Scott, into every foot of 
this vast territory persons held to involuntary service or labor may 
now be taken ; and south of the line 36 degree's 30 minutes, the terri- 
torial law of New Mexico also permits it. The first section of the 
amendment proposes to take from the people of the South the right to 
carry persons held to involuntary service or labor into any of the ter- 
ritory north of 36 degrees 30 minutes ; that is to say, forever to exclude 
such persons from 1,021,307 square miles of the teriitory of the United 
States ; whilst it merely concedes the right, which they believe they 
ali'eady have as to the whole, to take such persons into 205,970 square 
miles of the territory— about one fourth of the whole. Would this be 
concession to the South, or to the North? 

. But as to the status of the territory south of 36 degrees and 30 min- 
utes, in respect to persons held to involuntary service or labor ; what 
is it? 

The right to take such persons into said territory rests, first, upon 
the decision of the Supreme Court in the Dred Scott case. Second, 
upon the territorial law of New Mexico, which territory embraces all 
south of 36 degrees and 30 minutes, except 50,290 square miles of the 
Cherokee treaty grant, where slavery now exists. 

It is well known that a very large portion of the people of the 
North, as well as many of the South, maintain that the decision of 
the Supreme Court in the case of Dred Scott, so far as it relates to 
the question of slavery in the Territories, is no decision at all; simply 
obiter dictn,wh.ich does not settle the law upon the subject. That such 
is the opinion of the present Chief Magistrate is clear from his late 
inaugural. It is also avowed b}^ the dominant party, that it is their 
intention to remodel the Supreme Court, and to have that decision 
reversed. If, then, the Dred Scott decision does not correctly declare 
the law, or if it be reversed, in either case, so far as the status of the 
Territory rests upon it, it would be free and not slave. 

The Dred Scott case no longer to be relied on as fixing a slatns of 
slavery, we should be thrown altogether upon the territorial law of 



PEACE CONFERENCE REPORT. 15 

New Mexico. But it is scarcely necesj=ary to observe that a large 
poi tion of the American people believe that a Territorial Legiijlature 
has no power to pat^s laws either to introduce or to prohibit slavery in 
the Territories. Should the territorial law of New JMexico be hereafter 
decided to be void, the Dred Scott deci.sion either no decision at all, or 
reversed, the sktlus of even that small portion of the territory of the 
United States, 205,970 square miles out of 1,287,277 square miles, 
would be Jree and not slave. 

What protection is proposed to be given to slave property south of 
the line 3(5 degrees and 30 minutes? The section merely provides, 
that neither Congress nor the Territorial Legislature shall pass any law 
to hinder or prevent the taking of persons held to involuntaiy servic* 
or labor to the Territory, nor to impair the rights arising from said 
relation; but the same (Me 7-ights) shall be subject to judicial cogni- 
zance in the Federal Courts, according to the course of the common 
law. What is the course of the common law in the remedies it 
alfords to infringement upon the rights of property in slaves? Is it 
clear, unmistakable, not liable to misconstruction, especially when 
administered by judges unfriendly or adverse to the institution of slav- 
ery? Would the opinion, for example, of the distinguished Governor 
of New York, who now holds so high a place in the Cabinet, that a 
slave, not being a free man, could not under the common law be kid- 
napped, and that, therefore, there is no common law remedy for kid- 
napping a slave, be followed? Is this such protection for the right 
of property in the territories as Kentucky seeks as further security 
and further guarantee ? How vain ! How delusive ! The proposi- 
tion was but a miserable attempt to withdraw from the institution of 
slavery in the territories the protection of the Constitution and the 
Federal laws, and to have its only security to depend upon the vague 
and uncertain remedies of the common law. 

If there had been no other objection to it, the first section of the 
amendment proposed by the Peace Conference, which received only 
the votes of four slave States out of seven, and five free States out 
of fourteen, was too doubtful in meaning, too liable to misconstruc- 
tion — different constructions having been given to it even in the con- 
vention which passed it — to allow the undersigned, in justice to Ken- 
tucky, to vote for it as a measure of final adjustment. 

The .undersigned objected to the second section, because, crippling 
present rights, it rendered the future acquisition of any territory what- 
ever — Cuba, or any other, no matter how important and desirable — 
almost impossible. 

They objected to the third section because it failed to secure the right 
of transit, but left it in the power of any State or Territory to pre- 
vent the same. For example, placing it in the power of Illinois by 
Constitutional' provision, if she chose to exercise it, to prevent the 
slaveholder of Kentucky from passing through that State with his 
slave property, on his way to Missouri or the South. 

They olyected to the 5th section, because, whether by constitutional 
right, or by revolutionary right, tlie so-called Southern Confederacy, 
being beyond the limits of the United States, or if not now beyond 



16 PEACE CONFERENCE REPORT. 

said limits, certainly to be so as soon as said Confederacy shall be re- 
cognized, it is made the duty of Congress, by the last clause of the 
section, to pass laws to prevent our friends and brothers, now residing 
within the limits of that Confederacy, from returning with their slaves 
to Kentucky ; the passage of which law's would inevitably lead to 
retaliatory laws by the Southern Confederacy against the introduction 
of slaves from Kentucky into their territory. 

They objected to the Gth section, because it proposed to make the 1st, 
3d, and 5th sections, amendments to the Constitution virtually unal- 
terable. 

They objected to the 7th section, because it proposed that any citizen 
of a slave State, who should lose his fugitive slave, by reason of mob, 
riotous assemblage, or rescue after arrest, should him.self pay a part 
of his own loss, whilst every other citizen of a slave State should pay 
a part thereof, thus oflering a bonus to deprive the people of the South 
of their property, and in effect by providing that the fugitive, having 
been thus paid "for, shall thereafter be free, to constitute the United 
States government a grand Emancipation Society. 

The undersigned have felt it to be proper thus to set forth the 
reasons which caused them to oppose the amendment to the Consti 
tution, which met the approval of the Peace Convention and of their 
co-Commissioners. 

After the adoption of a preamble to the proposition of the Con- 
vention, the President was requested to cause the same to be presented 
to the two Houses of Congress, which was accordingly done, aud- 
its fate in that body is known to the country. 

Before the final adjournment of the Convention, resolutions against 
the right of secession by a State from the Union, and in favor of such 
right, were proposed but not entertained. The following resolution 
was also proposed but not entertained by the Convention ; its mover, 
however, asked and obtained leave to have it spread upon the journal: 

Resolved, That while the adoption, by the States of South Carolina, 
Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas, of 
ordinances declaring the dissolution of their relations with the Union, 
is an event deeply to be deplored, and while abstaining from any 
judgment on their conduct, we would express the earnest hope that 
they may soon see cause to resume their honored places in this Con- 
federacy of States; yet to the end that such return may be facilita- 
ted, and from the conviction that the Union being formed by the assent 
of the people of the respective States, and being compatible only with 
freedom, and the republican institutions guaranteed to each, cannot 
and ought not to he maintained by force, we deprecate any eiiort by 
the Federal Government to coerce in any form the said States to re- 
union or submission, as tending to irreparable breach, and leading to 
incalculable ills; and we earnestly invoke the abstin'ence from ail 
counsels or measures of compulsion towards them. 

In conclusion, the undersigned will only add, that as Commissioners 
to the Convention at Washington, they were actuated, throughout it.s 
entire deliberations, by the single and sole desire of bemg in some de- 
gree instrumental to the restoration of confidence between the divided 



PE.VrR CONFERENCE REPORT. 17 

sections of the country, and ofbringin;?^ about a recon^struction of that 
once happ3' Union bequcatlied to us by our father?. They n'grct most 
sincerely to have to say that they have returned home with abated 
co7itidence and diminished hope of satisfactory adjustment. 

Should the journal of the Convention be hereafter received, it will 
be forwarded to your Excellency, to be laid before the General Assem- 
bly. 

The undersigned have the honor to be, with great respect, 
Your obedient servants, 

WILLIAM O. BUTLEIl.l ^, . . 
JAMES B.CLAY, ] ^Commissioners . 

Frankfort, March 19th, 1801. 



APPENDIX A. 

REPORT OF COMAUTTEE. ARTICLE 13. 

Sectio.v 1, In all the present territory of the United States, not 
embraced within the limits of the Cherokee treaty grant, north of a 
line from east to west on the parallel of 36 degrees 30 minutes north 
latitude, involuntary servitude, except in punishment of crime, is pro- 
hibited whilst it shall be under a Territorial government; and in all 
the present territory south of said line, the status of persons owing 
service or labor as it now exists shall not be changed by law while 
such territory shall be under a Territorial government ; and neither 
Congress nor the Territorial government shall have power to hinder or 
prevent the taking to said territory of persons held to labor or involun- 
tary service, within the United States, according to the laws or usages 
of the State from which such persons may be taken, nor to impair the 
rights arising out of said relations, which shall be subject to judicial 
cognizance in the federal courts, according to the common law ; and 
when any territory north or south of said line, within such boundary 
as Congress may prescribe, shall contain a population required for a 
member of Congress, according to the then federal ratio of represent- 
ation, it .shall, if its form of government be republican, be admitted 
into the Union on an equal footing with the original States, with or 
without involuntary service or labor, as the constitution of such new 
State may provide. 

Section 2. Territory shall not be acquired by the United States, unless 
by treaty ; nor, except for naval and commercial stations and depots, 
unless such treaty shall be ratified by four fifths of all the members oX 
the Senate. 

Section 3. Neither the Constitution, nor any amendment thereof, 
shall be construed to give Congress power to regulate, abolish, or con- 
trol, within any State or Territory of the United States, the relation 
established or recognized by the laws thereof touching persons bound 
to labor or involuntary service therein, nor to interfere with or abolish 
involuntary service in the District of Columbia without the consent of 
Maryland and without the consent of the owner.-^, or making the own- 
3 



18 PEACE CONFERENCE RErOllT. 

ers who do not consent jnst compensation ; nor the power to interfere 
with or prohibit representatives and others from bringing with them to 
the city of Washington, retaining and taking away, persons so bound 
to labor; nor the power to inteifere with or abolish involuntary ser- 
Yicc in places under the exclusive jurisdiction of the United States 
within those States and Territories where the same is established of 
recognized; n(jr the power to prohibit the removal or transportation, 
by land, sea, or river, of persons held to labor or involuntary service 
in any State or Territory of the United States to any other State or 
Territory thei eof where it is established or recognized by law or usage, 
and the right during transportation of touching at ports, shores, and 
landings, a^nd of landing in case of distress, shall exist. Nor shall 
Congress have power to authorize any higher rate of taxation on per- 
sons bound to labor than on land. 

Sfxtion 4. The third paragraph of the second section of the fourth 
article of the Constitution shall not be construed to prevent any of the 
States, by appropriate legislation, and through the action of their 
judicial and ministerial officers, from enforcing the delivery of fugi- 
tives from labor to the person to whom such service or labor is due. 

Section 5. The foreign slave trade and the importation of slaves 
into the United States and their Territories, from places beyond the 
present limits thereof, are forever prohibited. 

Section 6. The first, third, and fifth sections, together with this sec- 
tion six of these amendments, and the third paragraph of the second 
section of the first article of the Constitution, and the third paragraph 
©f the second section of the fourth article thereof, shall not be amend- 
ed or abolished without the consent of all the States. 

Section 7. Congress shall provide by law that the United States 
shall pay to the owner the full value of his fugitive from labor, in all 
eases where the marshal, or other ofHcer, whose duty it was to arre.st 
such fugitive, was prevented from so doing by violence or intimidation 
from mobs'or riotous assemblages, or when, after arrest, such fugitive 
was rescued by force, and the owner thereby prevented and obstructed 
in the pursuit of his remedy for the recovery of such fugitive. 



APPENDIX B. 

REPORT OF COMMI'ITEE. ARTICLE 13. 

Section 1. In all the present territory of the United States, north of 
the parallel of 36 degrees and 30 minutes of north latitude, involun- 
tary servitude, except in punishment of crime, is prohibited. In all 
the present territory south of that line, the status of persons held to 
involuntary service or labor, as it now exists, shall not be changed; nor 
shall any law be passed by Congress or the Territorial Legislature to 
hinder or prevent the taking of such persons from any of the States of 
this Union to said territory, nor to impair the rights arising from said 
relation; but the same shall be subject to judicial cognizance in the 
federal courts, according to the course of the common law. When 
any territory north or south of said line, within such boundary as 



PEACE CONFERENCE REPORT. 19 

Congress may prescribe, shall contain a population equal to that 
required for a member of Congrerfs, it shall, if its form of government 
be republican, be admitted into the Union on an etjual foolin;^ with 
the orijLj:inal States, with or without involuntary servitude, an tlic con- 
Btitution of such State may provide. 

Section 2. A'o territory shall be acquired by the United States, 
except by discovery and for naval and commercial stations, depots, 
and transit routes, without the concurrence of a majority of all the 
Senators from States which allow involuntary servitude, and a nuijority 
of all the Senators from States which prohibit that relation ; nor ^shall 
territory be acquired by treaty, unless the votes of a majority of the 
Senators from each class of States hereinbefore mentioned be cast ai 
a part of the two-third majority necessary to the ratification of such 
treaty. 

Section 3. Neither the Constitution, nor any amendment thereof 
shall be construed to give Congress power to regulate, abolish, or con- 
trol, within any State or Territory of the United States, the relation 
established or recognized by the laws thereof touching persons bound 
to labor or involuntary service therein, nor to interfere with or abolish 
involuntary service in the District of Columbia w^ithout the consent of 
Maryland and without the consent of the owners, or making the own- 
ers who do not consent just compensation; nor the power to interfere 
with or prohibit representatives and others from bringing with tluMii to 
the city of Washington, retaining and taking away, persons so bound 
to labor or service; nor the power to interfere with or abolish invol- 
untary service in places under the exclusive jurisdiction of the United 
States within those States and Territories where the same is establish- 
ed or recognized ; nor the power to prohibit the removal or transporta- 
tion of persons held to labor or involuntary service in any State or 
Territory of the United States to any other State or Territory thereof 
where it is established or recognized by law or usage ; and the right 
during transportation, by sea or river, of touching at ports, shores, 
and landings, and of landing in case of distress, but not for sale or 
traffic, shall exist. Nor shall Congress have power to authorize anj 
higher rate of taxation on persons held to labor or service than on 
land. 

The bringing into the District of Columbia persons held to labor or 
service for sale, or placing them in depots to be afterwards transferred 
to other places for sale as merchandise, is prohibited ; and the right 
of transit through any State or Territory against its dissent is proliib- 
ited. 

Section 4. The third paragraph of the second section of the fourth 
article of the Constitution shall not be construed to prevent any of the 
States, by appropriate legislation, and through the action of their judi- 
cial and ministerial officers, from enforcing the delivery of fugitives 
from labor to the person to whom such service or labor is due. 

Section 5. The foreign slave trade is hereby forever prohibited;, 
and it shall be the duty of Congress to pass laws to prevent the 
importation of slaves, coolies, or persons held to service or labor, iato- 



20 PEACE CONFERENCE KEPORT. 

the United States and the Territories from places beyond the limits; 
thereof. 

Section 6. The first, third, and fifth sections, together with this 
section six of these amendments, and the third paragraph of the second 
aection of the first article of the Constitution, and tiie third paragraph 
of the second section of the fourth article thereof, shall not be amend- 
ed or abolished without the consent of all the States. 

Section 7. Congress shall provide by law that the United States 
shall pay to the owner the full value of his fugitive from labor, in all 
cases where the marshal, or other officer, whose duty it was to arrest 
such fugitive, was prevented from so doing by violence or intimidation 
from mobs or riotous assemblages, or when, after arrest, such fugitive 
was rescued by like violence or intimidation, and the owner thereby 
prevented and obstructed in the pursuit of his remedy for the recovery 
of such fugitive ; and the acceptance of such payment shall preclude 
the further claim of the owner. Congress shall provide by law for 
securing to the citizens of each State the privileges and immunities of 
the several States. 



PROCEEDINGS 



CONFERENCE CONVENTION. 



Washington, February ith, 1861. 

A number of Commissioners assembled at Willards' Concert Hall, in 
consequence of the following preamble and resolutions adopted by th» 
General Assembly of Virginia, January the 19th, 18G1 : 

Whereas, It is the deliberate opinion of the General Assembly of Virginia, that unless the 
nnhappy controversy, wliich now divides the States of this confederacy, shall be satisfactorily 
adjusted, a permanent dissolution of tlie Union is inevitable ; and the General Assembly, repre- 
lenting the wishes of the people of the Commonwealth, is desirous of employing every reasonable 
means to avert so dire a calamity, and determined to make a final effort to restore the Union and 
the Constitution, in the spirit "in which they were established by the fathers of the Republic : 
therefore, 

Resolved, That on behalf of the Commonwealth of Virginia, an invitation is hereby extended 
to aUsuch States, whether slaveholding or non-slaveholding, as are willing to unite with Virginia 
in an earnest effort to adjust the present unhappy controversies, in the spirit in whicli the Con- 
■titution was originally formed, and consistently with its principles, so as to aflbrd to the people 
of the slaveholding States adequate guarantees for the security of their rights, to appoint com- 
missioners to meet on the 4th day of February next, in the City of Washington, similar commis- 
lioners appointed by Virginia, to consider, and if practicable, agree upon some suitable adjust- 
ment. 

Rrsohcd, Tliat ex-President John Tyler, William C. Rives, Judge John W. Brockenbrougli, 
George W. Summers, and James A. Seddon, are hereby appointed commissioners, whose duty it 
shall be torepCir to the City of Washington, on the day designated in the foregoing resolution* 
to meet such commissioners as may be appointed by any of the said States, in accordance with 
the foregoing resolution. 

Resolved, That if said commissioners, after full and free conference, shall agree upon any plan 
•f adjustment requiring amendments to the Federal Constitution, for the further security of the 
rights of the people of the slaveholding States, they be requested to communicate the proposed 
amendments to Congress, for the purpose of having the same submitted by that body, according 
to the forms of the Constitution, to the several States for ratification. 

Rcsohcd, That if said commissioners cannot agree on such adjustment, or if agreeing. Con- 
gress shall refuse to submit for ratification such amendments as may be proposed, tlien the conv- 
missioncrs of this State shall immediately communicate the result to the executive of this Com- 
monwealth, to be by hiiu laid before the convention of the people of Virginia and the General 
Assembly : provided, that the said commissioners be subject at all times to the control of the 
General Assembly, or, if in session, to that of the State Convention. 

Resolved, That in the opinion of the General Assembly of Virginia, the propositions embraced 
in the resolutions presented to the Senate of the United States by the Hon. John J. Crittenden, 



22 PEACE CONFERENCE REPORT. 

fo modified as that the first article proposed as an amendment to the Constitution of the United 
States shall apply to all the territory of the United States now held, or hereafter ac(iuir(.d, South 
of latitude thirty-six degrees and thirty minntes, and provide that slarery of the African raca 
shall be effectually protected as property therein during the continuance of the territorial gov- 
ernment, and the fourth article shall secure to the owners of slaves the right of transit with tlieir 
slaves between and through the non-slaveholding States and Territories, "constitute the basis of 
such an adjustment of the unhappy controversy which now divides the States of this confederacjc, 
as would be accepted by the people of this Commonwealth. 

Resolved, That ex President John Tyler is hereby appointed, by the concurrent vote of each 
branch of the General Assembly, a commissioner to the President of the Unired States, and 
Judge John Robertson is hereby appointed, by a like vote, a commisssioner to the State uf South 
Carolina, and the other States that have seceded or shall secede, with instructions respectfully 
to request the President of the United States, and authorities of such States, to agree to abstain, 
pending the proceedings contemplated by the action of this General Assembly, from any and all 
acts calculated to produce a collision of arms between the States and the Government of tha 
United States. 

Resolved, That copies of the foregoing resolutions be forthwith telegraphed to the execntivea 
of the several States, and also to the President of the United States, and the Governor be re- 
quested to inform, without delay, the commissioners of their appointment by the foregoing rcso- 
Ititions. 

A copy from the rolls. . WM. F. GORDON, Jr., 

C. H. D. 4- K. R. of Va. 

Mr. Morehead, of Kentucky, called the meeting to order, and moved 
•that Mr. J. C. Wright, of Ohio, be appointed temporary chairman ; to b© 
followed by the appointment of a committee, consisting of a member from 
each delegation, to be named by such delegation, Avho should recommend 
officers for a permanent organization, and should also report rules for tha 
government of tlie body. 

The motion to appoint Mr. Wright was thereupon put and unanimously 
earried. 

Upon being conducted to the chair by Mr. Meredith, of Pennsj'lvania^ 
and Mr. Chase, of Ohio, Mr. Wright made a brief address explanatory of 
the object of the meeting, and expressed a hope and belief, that, as the 
delegates present from the several States had assembled under the influence 
of the most friendly feelings, if they carried those feelings into an exami- 
nation of the difficulties which surround the country-, the result would ba 
a success, earnestly to be hoped for by every lover of his country, so ag 
to establish the Union, according to the spirit of the existing Constitution 
©f the United States. 

On motion, Mr. Benjamin C. Howard, of Marj'land, was appointed Sec- 
retary. 

The following States responded to the call of their names — the list of 
delegates to be handed in to-morrow: 

New Hampshire, Rhode Island, Xcw Jersey, Pennsylvania, Delaware, 
Maryland, Virginia, North Carolina, Kentucky, Ohio, and Indiana. 

Mr. Meredith, of Pennsylvania, then renewed the motion for the ap- 
pointment of a committee as above mentioned, which ^\as carried, and the 
following members named hy their respective delegations, viz: 

New Hampshire, Amos Tack ; Ehode Island, William W. Hoppin ; New 
Jersey, Joseph F. Randolph ; Pennsj^lvania, Thomas E. Franklin; Dela- 
ware, George B. Eodney ; Maryland, John W. Crisfield ; Virginia, William 
C. Rives; North Carolina, Thomas Riilfin; Kentuek}^, Charles A. Wick- 
liffe; Ohio, Reuben Hitchcock; Indiana, Godlove S. Orth. 

On motion, the Convention adjourned until to-morrow, at twelva 
o'clock. 

B. C. HOWARD, Secretary. 



PEACE CONFEKENCE BEPOKT. 23 

Wasuinoton Crrv, Frhruanj 5, IRGl. 

The Convention was called to order pursuant to adjournnient, l»v' Mr. 
Wrii^ht, Pi-osident pro fan. 

Tiie journal of juxx'oedin^-.s of ^yesterday was read and ai)})roved. 

Mr. Thomas E. Franklin, of Pennsylvania, moved that a committee of 
five he appointed by the President, to wlioni the credentials of members 
t^hould be submitted and reported on, v,diich was carried. 

The President thereu])on appointed as said committee; 

Mr. Summers, of Virginia. 

Mr. G\ithrie, of Kentucky. 

Mr. Morehead. of North Carolina, 

Mr. Smith, of Indiana. 

Mr. Franklin, of Pennsylvania. 

Mr. Wickliffe, of Kentucky, from the Committee on Organization, made 
ii report, Avhich was read. 

Mr. Clay, of Kentyeky, moved to strike out for the pi'esent, and for 
further consideration, the report which relates to the proceedings of the 
Convention. 

This motion gave rise to a debate, pending which a division of the re- 
port was called for; whereupon it was moved that the Convention proceed 
to consider the following part of the report of the committee, relating to 
officers for the permanent organization of the Convention, as follows : 

•Tlie committee to whom was referred the ?ul)ject of the orpnnization of the Convention make 
the follovvinp; report : They recommend thfit the permanent officers of tlie Convention be a Presi- 
dent and Secretary, and that tlie Secretary have lea\e to appoint a'sistiints, not exceeding two, 
to assist him in the discharge of liis duties. Thocomauttee report, for President, John Tyler, of 
Virginia ; Stcretary, Crafts J. Wright, of Ohio. 

Thereupon it wtus moved and, unanimously agreed, that this part of the 
report be accepted, and the officers designated be appointed. 

The President pro tern, appointed 3Ir. Ewing, of Ohio, and Mr. Meredith^ 
of Penns^dvania, to conduct President Tjder to the chair. 

President Tyler, on taking his scat, proceeded to address the Conven- 
tion : 

Gentlemen : I fear you have committed a great error in appointing me to the honorable posi- 
tion you liave assigned me- A long separation from all deliberative bodies lias rendered tha 
rules of their proceedings unfamiliar to nie,\vliilo I should find in my own state of liealth, variable 
and fickle as it is, sufficient reason to decline the honor of bi ing your presiding officer. But, in 
times like these, one has but little option left him. Personal considerations .should weigh but 
lightly in the balance. The country is in danger ; it is enough. One must take the phice as- 
signed iiim in the great work of reconciliation and aeljustment. 

The voice of Virginia has invited her co-States to meet her in council. In the initiation of 
this Government thit same voice was heard and complied with, and the results of seventy odd 
years have fully attested the wisdom of the decisions then adopted. Is (he urgency of her call 
now less great tlian it was then ? Our godlike fathers created; we have to preserve They 
built up tlirough their wisdom and patriotism monuments which have eternized their names. 
You have before you, gentlemen, a tisk equally grand, equally sublime, quite as full of glorj 
and immortality. You have to snatch from ruin a great and glorious Confederacy, to preserv* 
the Government, and to renew and invigorate the Constitution. If you reach the hei'jhf of this 
great occasion your children's children will rise up and call you blessed. I confess my -elf to ti* 
ambitious of sharing in the glory of accomplishing this grand and magnificent result. To have 
our names enrolled in the c ipitoi, to be repeated by future generations with grateful applause, 
this is an honor higher than the mountains, more enduring than the monumental alabaster.^ 

Ye^, Virginia's voice, as in the olden time, has been heard. Her sister States meet her this day 
at the council board. Vermont is here, bringing with her the memories of the past, and reviv- 
ing in the memories of all her Et'ian Alien and his dcm md for the surrender of Ticonderoga in 
the nime of the Great Jehovah and the American Congress. New H.imp-hire is here, her fame 
illustrated by memorable annals, and stdl more lately as the l)irth place of liim who won for 
him-elf the name of Defender of the Constitution, and who wrote that letter to John Taylor 
which has been enshrined iu the hearts of his countrymen. Massachusetts is not here. [Some 



24 PEACE CONFERENCE REPORT. 

member said she is coming.] I hope so, said Mr. Tyler, and that she will bring with her her 
daughter, Maine. I did not believe it could well be that the voice which in other times was so 
fantiiliar to her ears had been addressed to her in vain. Connecticut is here, and she comes, I 
dr.ubt not, in the spirit of Roger Sherman, whose name with our very children has become a 
housL'liold word, and who was in life the embodiment of that sound practical sense which befits 
the great lawgiver and constructor of governments. Rhode Island, the land of Roger Williams, 
is here, one of the two last States, in her jealousy of the public liberty, to give in her adhesion , 
to the Constitution, and among the earliest to hasten to its rescue. The great Empire State of 
New York, represented thus far but by one delegate, is expected daily in fuller force to join in 
the great work of healing the discontents of the times and restoring the reign of fraternal feel- 
ing. New Jersey is also here, with the memories of the past covering her all over. IVenton 
and Princeton live immortal in story, the plains of the last encrimsoned with the heart's blood 
of Virginia's sons. Among her delegation I rejoice to recognize a gallant son of a signer of the 
immortal Declaration which announced to the world that thirteen Provinces had become tliirteen 
independent and sovereign States. And here, too, is Delaware, the land of the Bayards and the 
Rodneys, Avhose soil at Brandywine v^as moi-tened by the blood of Virginia's youthful Monroe. 
Here is Maryland, whose massive columns vtheeled into line with those of Virginia in the contest 
for glory, and whose State-house at Annapolis was the theater of a spectacle of a successful 
commander, who, after liberating his country, gladly ungirlhed his sword and laid it do-.vn upon 
t!ie altar of that country. Then conies Pennsylvania, rich in Revolutionary lore, bringing with 
lier the deathless names of Franklin and Morris, and I trust ready to renew from the Ijelfry of 
Independence Hall the chimes of the old bell which announced freedom and independence i» 
former days. All hail to North Carolina, with htr Mecklenburg Declaratiim in her hand, stand- 
ing ei'cct on the ground of her probity and tirniness in the cause of the public liberty, and rep- 
resented in her attributes by her Macon, and in this assembly by her distinguished son at no' 
great distance from me. Four daughters of Virginia also cluster around the council board on 
tlie invitation of their ancient mother — the eldest Kentucky, whose sons, under the intrepid war- 
rior. Anthony Wayne, gave freedom of settlement to the territory of her sister Ohio. She ex- 
tends her hand daily and hourly acioss la. belle rimcre, to grasp the hand of some one of kindred 
blood of the noble States of Indiana, and Illinois, and Ohio, who have grown up into powerful 
States, already grand, potent, and almost imperial. Tennessee is not here, but is coming — pre- 
A'ented from being here only l^iy the floods which have swollen her rivers. When she arrives she 
will wear the badges on her warrior crest of victories won, in company with the great West, 
on m;iny an ensanguined plain, and standastls torn from the hands of the conquerors at Water- 
loo. Missouri and Iowa, and Michigan, Wisconsin, and Minnesota, stiil linger behind, but it 
mav be hoped that their hearts are with us in the great work we have to do. 

Gentlemen, the eyes of the wliole country are turned to this assembly in expectation and hope. 
I trust that you may prove yourselves worthy of the great occasion. Our ancestors probably 
c<')mniitted a blunder in not having fixed upon every fifth decade for a call of a General Conven- 
tion to amend and reform tiie Constitution. On "the contrary, they have made the diliicidtie? 
next to insurmountable to accomplish amendments to an instrument which was perfect ftu- five 
millions of people, but not wholly so as to thirty millions. Your patriotism will surmount the 
difficulties, however great, if yon will but accomplish but one triumph in advance, and that is, 
ft triumph over party. And what is party when compared to the task of rescuing one's country 
from danger ? Do that, and one long, loud shout of joy and gladness will resound throughout 
the land. ' 

On motion of Mr. Ewing. action on the remainder of tlie reiiort of tbo 
committee on organization was postponed until Wednesday. 
Mr. AVieklilfe, of Kentuck}^, ofiered the following resolution : 

Resolved, That the Convention shall be opened with prayer, and that the clergy of the City of 
V/ashington be requested to perform that service. 

Which was adopted ; and at the request of the Convention, the Ecv. Dr. 
Gui'lc}^ offered up prayer. 

The Convention being informed hy tlie President of the tender by the 
Mayor and Council of the City of Washington of police officers to attend 
the sitti]igs of the Convention, and protect the same from intrusion ; and 
jilso that the hall now occupied had been placed at the service of the Con- 
vention; it was moved and agreed to, t'lat the same be accepted. 

On motion of Mr. Johnson', of Maryland, it was resolved that the Presi- 
dent be requested to furnish a copy of his sj)oech to the Convention to be 
made part of this day's jiroceedings, and that the same shall wit^h thepro- 
ccedii!2;y of this dav be iniblished. 



PEACE CONFERENCE REPOKT. 25 

Mr. Grimofl, of lowii, iiirunnod tlio Convention tluit hu Inid a IcLU-r in 
regard to the appointment of delcgatos from Iowa, which Avas referred to 
the Committee on Credentials. 

On motion of Mr. Wright, of Ohio, the Convention adjourned until 12 
o'eh)(.'k to-morrow. 



Washingtox, Fchruary Gth, ISGl. 

The Convention met pursuant to adjournment. 

President Tyler in the chair. 

The journal of the proceedings of yesterday was read, amencjed, and 
approved. 

J\Jr. Summers, chairman of the Committee on Credentials, made the fol- 
lowing report: 

The credentials of the following gentlemen from the States hereafter 
enumerated, have been duly submitted and examined by your committee, 
and approved by them, and they "were reported as members of the Con- 
vention : 

JVew Hampshire — Amos Tuck, Levi Chamberlain, Asa Fowler. 

Vermont — Hiland Hall, Levi Underwood, II. Henry Baxter, L. E. Chit- 
tenden, 11 I). Harris. 

llhode Island and Providence Plantations — Samuel Ames, Alexander Dun- 
can, "William W. Hoppin, George H. Browne, Samuel C. Arnold. 

Connecticut — Iloger S. Baldwin, Chauncey F. Cleveland, Charles J. Mc- 
Curdy, James T. Pratt, Eobbins Battell, Amos S. Treat. 

Keiv Jersey — Charles S. Olden, Peter I). Vroom. Eobert F. Stockton, 
Benjamin Williamson, Joseph F. Eandolph, Frederick T. Frclinghuyseu, 
Eodman M. Price, William C. Alexander, Thojnas J. Stryker. 

Pennsylvania — James Pollock, William M. Meredith^ Thomas White, 
David Wilmot, A. W. Loomis, Thomas E. Franklin, William McKennan. 

Delairare — George B. Eodney, Daniel M. Bates, Henry Ridgeley, John 
W. Houston, William Cannon. 

Maryland — John F. Dent, Peverdy Johnson, John W. Cristiold, Augus- 
tus W. Bradford, Vrilliam T. Goldsborongh, J. Dixon Eoman, Benjamin C. 
Howard. 

yir(jinia — John Tjdcr, William C. Pives, John W. Brockeubrough, 
George W. Summers, James A. Seddon. 

North Carolina— George Davis, Thomas Iluffin, David S. Reid, D. M. 
Barringer, J. M. Morehead. 

Kentucky — William O. Butler. James B. Clay, Joshua F. Bell, Cliarles S. 
Morehead, James Guthrie, Charles A. Wicklitte. 

Ohio — John C. Wright, Salmon P. Chase, William S. Groesbeck, Frank- 
lin T. Backus, Reuben Hitchcock, Thomas Ewi ng, V. B. Horton. 

Indian!— CAiXeb B. Smith, Pleasant A. Hackleman, Codlove S. Orth, E. 
W. H. Ellis, Thomas C. Slaughter. 

Iowa — James Harlan, James AV. Grimes, Samuel H. Curtis, William 
Vandever. 

On motion of Mr. Wickliffe, the Secretary was authorized to employ- 
additional assistants. 

Mr. Wieklifl-e, chairman of the Committee on Organization, called up 
for consideration that part of the report not heretofore agreed to, and 
moved that the same be adopted. 



PEACE CONFERENCE REPOHT. 

Mr. Seddon, of Virginia, offered the following amendment: 

Resohed, That no part of tlie Journil be published without the order or leave of the Conven- 
fion, iind th it no copies of the whole or any part be furnished or allowed, excevt to members, 
who Fh.iil be privilejred to comniunicr>te tlie same to the authorities or delibenitive assemblies 
of their respective States, when deemed judicious or appropriate under their instructions, and 
that nothin;; spoken in the house be printed or otherwise published; but private commuuic.itiona 
respecting- ihe proceedings and iebates, while recommended to be with caution and reserve, ara 
allowed at the discretion of each member. 

On motion, the above resolution and the original report and resolution, 
vrere referred back to the committee. 

Mr. Guthi'ie, of Kentucky, moved the adoption of the following resolu- 
tion : 

Resolved, That a committee of one from each State be appointed by the Commissinnera 
thereof, to be nominated to the President, and to be appointed by him, to whom shall be referred 
the rv'solutions of the State of Virginia, and the other States represented, and all propositions 
for the ariju^tment of existing difficulties between States, with authority to report what they may 
deem ri?Ju, necessary, and proper to restore harmony and preserve the Union, and that they 
report on or before Friday. 

Mr. Ewing, of Ohio, suggested that the resolution be so modified aa to 
sutliorize said committee to sit during the meeting of the Convention;, 
whicli being accepted, the resolution was agreed to. 

The President appointed the following committee to carry into effect 
that part of the report of the Committee on Kules and Organization, which 
related to obtaining the services of a clergyman to open the proceedings 
with prayer: 

Mr. Randolph, of New Jersey; Mr. YricklifTe, of Kentucky; Mr. John- 
eon, of Maryland. 

On motion of Mr. Johnson, of Maryland, it was agreed that the mem- 
bers of this Convention should call in a body on the President of the United 
States at such time as woujd be agreeable to him, to be announced by the 
I*resident of this Convention. 

On motion, the Convention reconsidered the resolution recommitting tho 
rules of proceeding to the committee thereon, and agreed to proceed to 
the consideration of the same. 

Mr. Wright called for a division, and proposed that the several rules 
should be separately read, and, when no objection was raised, they should 
be agreed to; and when objected to, shuuld be passed for subsequent con- 
isideration. 

Which was agreed to. 

The rules hereafter designated were adopted. 

Tlie remainder were recommitted. 

The rules adopted were as follows: 

1. A Convention to do business shall consist of the Commissioners of not less than seven 
States; and all questions shall be decided by the greater number of those which be fully repre- 
sented. But a less number than seven may adjourn from day to day. 

2. Immediately after the President shall have taken the chair, and the members their seats, 
tlie minutes of the preceding day shall be read by the Secretary. 

3. Evei-y member rising to speak shall address the President, and while he shall be fipenking 
rone shall pass between them, or hold discourse with another, or read a book, pamphlet, or 

Fiper, printed or manuscript — and of two members rising to speak at the same time, the 
resident shall name him who shall be first heard. 

4. A member shall not sjjeak oftener than tv,fice, without special leave, upon the same questian, 
!tnd not a second time, before every other who had been silent shall have been heard, if he 
choost; to speak upon the subjact. 

5. A morion made and seconded, shall be repeated, and if written, as it shall be when any 
member shall so require, read aiiuid, by ihe Secretary, before it shall be debated — and may be 
withdrawn »iit any time before the vote upon it shall have been declared. 



PEACE CONFERENCE REPORT. 27 

6. Orilcr? of tlie day tliall be read rpxt after the minute^, and either discussed cr po.^poncd, 
bofore any other business sliiill be introduced. 

7. When a debate sliall arise upon atiuestion, no motion, other than to iinend tlic (ineaiion to 
OBmmit it, or to postpone tiie debute, shall be receiTed. 

?. A (|ue.slion wiiich iti coinplicHtod shall, at llio roiniest of any member, be diyitled and put 
icparately upon the proposition of which it is compounded. 

9. A writing which contiiiiis any matter broui;ht on to bo considered, sh.all bo read once 
throughout, for information, tlien by para'craphs, to be debated, and again with the amendment.^, 
if any made on the sec nd reading', and afterwards the (piestion shall be put upon liie whole, as 
•mended, or approTcd in the original form, as the case may be. 

10. Committees shall be appointed by the President, Mnless otherwise ordered by the Conven- 
tion. 

11. A member may be called to order by any other member, as well a« bv the President, and 
may be allowed to explain his conduct or' expression?, supposed to be reprehensible. And all 
questions of order shall be decided by the President, without apjieal or debate. 

12. Upon a question to adjourn for the day, which may be made at any lime, if it be seeonded, 
the qne-tion shall be put wdthout debate. 

1.1. When the Convention shall adjourn, every member shall stand in his pi;ice until the Pres-. 
ident pass him. • 

14. That no member be absent from the Convention, so as to interrupt the representation of 
the State, without leave. 

15. 'I'liat committees do not sit while the ConTention shall bo or ought to be sitting, without 
lcav« of the Convention. 

_1G. That no copy be taken of any entry on the Journal, during the sitting of the Convention, 
vrithout leave of the Convention. 

17. That members only be'permitted to inspect the Journal. 

18. Mode of voting: .All votes shall be taken by States, and each State to give one vote. Th« 
jeas and nays of the members shall not be taken or published— only Uie decision by Stated. 

On motion, the Convention adjunrncd until ThursdaA', 10 o'clock, A. M. 



AYasiiington City, February 7th, 18'31, 

The Convention met i^ursuant to adjournn-icnt. 

President Tyler, in the chair. 

The Convention was opened hy prayer by Rev. Dr. Pync. 

The journal of the proceedings of the Convention of the (Jth instant Avas 
road, amended, and approved. 

President Tyler, in accordance with the resolution of the Gth instant^ in 
regard to calling on the President of the United States, caused to he read 
by the Secretarj- the following letter : 

February Cth, IPfil. 
_ My Dear Sir: I shall feel greatly honored to receive the gentlemen composing the Conven- 
tion of Commissioners from the several States, on any day and at anv hour most convenient to 
thamselves. I shall name to-morrow, Thursday, at if or 3 o'clock, though any othV time would 
be equally agreeable to mo. I shall at all times be prepared to give them a cordial welcome. 
Yours, very respectfully, JAMES BUCHANAN. 

His Excellency, Joh.\ Tyler. 

President Tyler asked the action of the Convention on the subject. 
On motion of Mr. Guthrie, it was 

Resohed, That th« membci-s of the Convention call on th« President of the United States thii 
forenoon, at 1 1 o'clock. 

Mr. Summers, from the Committee on Credentials, reported tliat tho 
•credentials of the following gentlemen from the States hereafter enumer- 
ated, had been duly submitted and examined, and were approved by them ; 
and approved as members of the Convention : 

Neic YorA-— William E. Dodge. 

Tennessee — Samuel Milligan, Josiah M. Anderson. Pobert L. Caruthcrs, 
Thomas Martin, Isaac Pi. Hawkins, II. J. McKinney, Alvin CuUom, AVm. 



28 PEACE CONFERENCE REPORT. 

P. Ilickerson, George W. Jones, F. K. Zollicoffer, William H. Stephens. 
A. O. W. Totten. ^ 

UUnois— John Wood, Stephen T. Logan, John M. Palmer, Burton C. 
Gook, Thomas J. Turner. 

Which report was accepted. 

Mr. AViekliffe, from the Committee on Organization, offered the following 
resolution : 

Resolved, That the Secretary procure for the use of the Convention the necessarv stationery; 
and .also provide for such printing as may be ordered. That the Journal up to aiud including 
this day's proceedings, as well as the Rules, be printed for the use of the members. 

Which Avas passed. 

The President ajipointed the following gentlemen members of the com- 
mittee on Mr. Guthrie's resolution of yesterday : 

J^'ew Ram pshire, Asa Fowler ■ Vermont, Hiland Hall; Mode Island and 
Providence Plantations, Samuel Ames ; Connecticut, Poger S. Baldwin ; New 
Jersey, Peter D. Vroom; Pennsylvania, Thomas White; Delaware, Daniel 
M. Bates; North Carolina,T\\om-AS Euthn ; /iTejifwr/.-^, James Guthrie ; Ohio, 
Thomas Ewing; Indiana, Caleb B. Smith; Illinois, Stephen T. Logan; 
7o;ra, James Harlan; Maryland, Ecverdy Johnson; Virginia, James A. 
Seddon. 

Mr. Wickliffe, from the Committee on Orgauiz'ation, reported the fol- 
lowing : 

20th Rule. That nothing spoken in the Convention be printed or otherwise published or oom- 
municated without leave. 

Which Avas agreed to. 
Gonveution then adjourned. 



Yv^AsHiNGTON CiTY, February 8, 1861. 

The Convention met pursuant to adjournment. 

President Tyler in the chair. 

The Convention Avas opened with prayer by the Ee^^ Dr. Butler. 

The journal of yesterday Avas read, amended, and approved. 

Mr. Summers, from the Committee on Credentials, made report that ttft 
credentials of the gentlemen hereafter named, and from the States desig- 
nated, had been duly submitted, examined, and approved as members of 
the CouA'ention : 

Massachusetts. — John Z. Goodrich, John M. Forbes, Pichard P. Waters, 
Theophilus P. Chandler. Francis B. CroAvninshield, George S. Boutwell, 
Charles Allen. 

NcLo York. — David Dudley Field, William Curtis ISToyes, James S. Wads- 
worth, James C. Smith, Amaziah B. James, Erastus Corning, Addison 
Gardiner, Greene C. Bronson, John A. King, John E. Wool. 

Missouri. — John D. Coalter, Alexander M. Doniphan, Waldo P. Johnson, 
Aylctt H. Buckner, Harrison Hough. 

Tlie President appointed the following additional members of the com- 
mittee on Mr. Guthrie's resolution: A. M. Doniphan, of Missouri; F. K. 
Zollicoffer, of Tennessee; David Dudley Field, of ISfew York. 

Mr. Guthrie, of Kentucky, informed the Convention that the committee 
of AA'hich he was chairman could not make report this day, according tx) 
order, and asked further time. 

Mr. Clay, of Kentucky, moved that the committee have until Mon- 
day next to report. That delegates, Avho should arrive from States not 



PEACE CONFERENCE REPORT. J.9 

heretofore reported, niic:lit proi'ont their eredentiiils to the cornniittce 
thereon, ami, being accepted, might select and report a inemher of Mr. 
(Juthrie's committeo through tlie Secretary to said committee; which mo- 
tion Ava8 agreed to. 

On motion of iMr. Elli^^. of Indiana, it was 

Ordrml, That for the puf^wseof relieving the Doorkeeper from eml)arrassinc'nt, the President 
W; raiuestetl to issue cardd of adaiissiou to the members and ollicers of this Convention. 

Mr. Hitchcock, of Ohio, asked of the President liis interpretation of the 
rule of the Convention, heretofore adopted, in regard to tlie degree of 
secrecy required. 

The President informed the Convention that, by his interpretation of 
the rules, nothing which was said or done in the Convention, in reference 
to an)' subject before it, could be spoken of, or divulged to, any but mem- 
bers. 

Adjourned to Saturday, at 12 o'clock. 



Washincton Citt, Fchniary 0, IPGl. 

Convention met pursuant to adjournment. 

President Tyler in the chair. 

The Convention was opened by prayer from the Eov. Dr. Bullock, of 
Kentucky. 

The journal of yesterday was read, amended, and approved. 

Mr. Suinmers, from the Committee on Credentials, reported that the 
credentials from the gentlemen hereafter named had been duly sul)iuitted 
to them, examined, and approved, and tliey were reported by said com- 
mittee as delegates from the States designated, viz : 

Jli;;;'/!6'.— AVilliam P. Fesscnden, Lot M. Morrell, Daniel E. Somes, John 
J. Perry, Ezra B. French, Freeman II. Morse, Stephen Coburn, Stephen C. 
Foster, 

The following gentlemen were announced as additional mem.bcrs of th« 
committee on Mr. Guthrie's resolution : 

Francis B. Crowninshield, Massachusetts. 

Lot M. Morrell, Maine. 

Mr. Tuck, of New Hampshire, offered for consideration certain resolu- 
tions ; which were read, and referred to the Committee on Eesolutions, 

Mr. Clay, of Kentucky, presented certain resolutions from Connecticut, 
and moved their reference to the Committee on Eesolutions ; which was 
agreed to. 

On motion of Mr. Eandolph, the Secretary was authorized to publish 
and furnish, for the use of members, a list of delegates to, and ollicers 
of, this C^onvention. 

Convention adjourned until Monday, at 12 o'clock. 



Washington Citt, February 11, 1861. 

The Convention met pursuant to adjournment. 
President Tyler in the chair. 

The Convention was opened with prayer by the Eev. Dr. Gurley. 
The journal of proceedings of Saturday was read, amended, aud 
approved. 



30 PEACE CONFERENCE EEPORT. 

Mr. Guthrie, from the Committee on Eesoliitions, asked for further time 
to made report; which was given. 

Mr. Guthrie, from the same committee, to whom w^ero referred certain 
resolutions from Connecticut, made the foHowing report: 

The committee to whom were referred certain resolutions of the Democratic party of the 
State of Connecticut, report that, in the opinion of tlie committee, it is inexpedient for tliis Con- 
rention to act upon any resolution purporting to emanate from any political party whatever, and 
that tl'.e member of the Convention by v,"hora the same were presented have leave to withdraw 
tlie same. 

The President announced to the Convention tiiat cards of admission for 
the members of the Convention upon the floor of the House of Represent- 
atives had been sent to him by the Door-keeper, and Avhich the Secretary 
would deliver to the members who would call for them. 

On motion of Mr. Chase, it was resolved that any propositions or reso- 
lutions which any member desired to have considered, and which under 
the rule passed to the Committee on Resolutions and- Propositions, might 
bo presented to said committee tlirough the Secretary, without being pre- 
sented in Convention. 

Convention adjourned until Yf cdnesdaj'- next, 12 o'clock. 



Washington City, February 13, 18G1. 

The Convention met pursuant to adjournment. 

President Tyler in the chair. 

The Convention was opened with prayer by the Rev. Dr. Edwards. 

The joxtrnal of Monday was read, amended, and approved. 

Mr. Guthrie, from the CommuAittee on Resolutions and Propositions, 
asked until Friday to make report. 

Agreed to. 

Mr. Scddon, of Yirginia, asked permission of tho Convention to com.- 
municate to the authorities of Virginia the state of proceedings in Con- 
vention and Committee. 

Mr. Earringer, of North Carolina, offered the following: 

Rcsohcd, That the Commissioners of any State represented in this Convention, upon their 
joint iippiication, have leave to communicate to the Legislature, Governor, or Convention of said 
State, the proceedings of this body, or so much thereof as they may deem expedient. 

Which being seconded and accepted by Mr. Seddon, 
Mr. Frelinghuysen, of New Jersey, moved to amend said resolution by 
adding thereto : 

But not to communicate what has transpired in the Committee, before said Committee has re- 
ported to the Convention. 

On motion of Mr. Seddon, the amendment and the resolution were laid 
on the table, subject to call after Friday. 
Convention adjourned to Friday, 12 o'clock. 



Washington Citt, February UtK 1861. 

Tho Convention met in special session, j^ursuant to t!ie call of the Presi- 
dent. 

The proceedings were opened with prayer by tho Rev. Dr. Hall. 

The following letter from the Secretary, Crafts J. Wright, was read, and 
ordered to bo entered upon the minutes: 



PEACE CONFI'-RFTXCE REPORT. 81 

Wn.i.Aiu>s' IIoTEi., Washington City, > 
Ftbruiiry 13th, ItGl. ) 
ITov. John Tvlkr, President of Conference Convent ion: 

(:« Dkar Sir : I grieve to communicate to you tlio fact thut tlio dclcgiUc from Oliio to tlii^ Con- 
fe'rcnce Coiiveiuion, tlie Hon. John C. Wright, departed tliis lite this day, tiie IJtIi of Ffliruajyk 
lit liult-past one o'clock. 

Judge Wright came to this Convention witli a heart filled witli fear for the safety of the Union. 
Though at ail advanced age, and nearly blind, he was filled witii anearneU de-*ire to add his 
efl'virts to that of others of the Convention called by the State of Virginia, and seek to agree on 
pome measures, honorable to each and all, to effect tiic object. Since the arrival of my hiiher in 
Washington, he has been constant in his eli'orts to etl'ect the end in view, and he hc.s had hi- heart 
cheered with the belief that the object would be acci)m;)lished. Almost the last words he uttered 
vere, that he believed the Union would be preserved. He desired me to say, if the Union wa» 
saxed, he would die content. He called mu to read to him at twelve o'clock, the scciluns in tb« 
Constitution in regard to counting the votes, and tliis request, and this reading, teiniinated hij 
knowledge on eartii. 

Ill this desire of my father to do what he could, he pressed me to accompany him on accounl 
of his blindness. Since the Convention honored me with the appointment of Secretary, ho re- 
(juired of me a promise that I would not leave the position. When I read the section of tti« 
Constitution to him, he re(iuired nie then to leave liim for the Convention. Whatever my per- 
sonal feelings may be, 1 deem the pledge made sacred. I therefore ask tiiat I may have leav« 
of absence, until 1 carry the renntins home to Ohio and return to my dutv. 

Respectfully, CRAFTS J. WRIGHT. 

P. S. — J. Henry Puleston -R-ill act forme in my absence ;; 

The President informed the Convention that the request of the Secretary 
had been complied with. 

The Pi-esident asked what action the Convention proposed to tulco on- 
the subject for which they had been specially assemblctl. 

The ilon. Salmon P. Chase, of Ohio, then said : 

Mr. President, since we assembled yesterday in this Hall it has pleased God to remove one of 
our number from ail participation in the concerns of earth. It is my painfid duty to anuouncft 
to the Convention that John C. Wrioht, one of the Commissioners from Oliin, is no niorek 
Full of years, honored by the cinifidence of tlie people, rich in large e.xiHjrience and ripened 
wisdom, and devoted in all his affections and all his powers to liis country, and iiis Avhole coun^ 
try, he has been called from our midst at the very moment when tlie prudence and patriotism of 
bis counsels seemed riiost needed. Such are the mysterious waiys of Divine Providence I 

Judge Wright was born in Wetherstield, Connecticut, on the lOth of August, ITf'l. Tlr6 
death of his parents made him an orphan in infancy; and he had little to depend upon in youth 
and early manhood, save his own energies and God's blessing. 

He was married, wiiile young, t(j a daughter of Thomas Collier, of Litchfield, and for sever*! 
years after resided at Troy, New York. 

When about twenty-six years old, he removed to Steubenville, in Ohio, where he commoaced 
the practice of the law, and rapidly rose to distinction in the profession. 

In lbii*2, he was elected a Representative in Con^jrcss, where he became the associate and 
friend of Clay and of Webster, and proved himself, on many occasions, worthy of their a.s30cij«»- 
tioii and friendship. 

After serving several terms in Congress, he was elected a Judge of the Supreme Court of Ohio, 
and, in 1834, removed from Steubenville to the city of Cincinnati. Resigning his seat soon 
afterwards, he resumed the labors of the bar, and ever zealous for the improvement and elevation 
of the profession, established, in association with others, the Cincinnati law school. 

In la 10, upon the dying request of Ciiarles Hammond, the veteran editor of t!ic Cincinn.itl 
Gazette, Judge Wright assumed the editorial control of that journal, and retained that position 
until impaired vision, in 1853, admonished him of the necessity of withdrawing from labors too 
severe. 

Thenceforward engaged in moderate labors, surrounded by affectionate relatives, enjoying tha 
respect and confidence of iiis fellow-citizens, and manifesting always the liveliest cuiixrn in 
whatever related to tlie welfare and honor of his State and his country, he lived in tranquil retire^ 
ment, until called by the Governor of Ohio, with the approbation of the Senate, to take part in 
the deliberiitiuns of this Coni'ereuce Convention. 

It was but a ju-t tribute, sir, to his honored age, illustrated by abilities, by virtues, and by 
services, that he was unanimously selected as its temporary president. His interest in the great 
purpose of our assembling was profound and earnest. His labors to promote an auspicious result 
of its deliberations were active and constant. And when fatal d'.sease assailed ins life, and hi.< 
enfeebled powers yielded to its virulence, his last utterances were of the Constitution and ths 
Union. 



32 PEACE CONFERENCE REPORT. 

Mr. Presidftnt, Judge Wright was my friend. His approval cheered and encouraged my own 
humble U\bors in the service of the State. Pardon me if I mingle private witli public grief^ lie 
has gone from liis last great labor. He was not permitted to witness, upon earth, the result of 
the mission upon wliich he and his associates, who here mourn his loss, were sent. God grant, 
sir, that it may fulfill his wish! God grant that the clouds which now darken over us may 
speedily disperse, and that through generous counsels and patriotic labors, guided by that good 
Providence which directed our fathers in its original form.ation, the Union of our States may be 
more than ever firmly cemented and established. 

Mr. President, I offer the following resolutions : 

Resolved, TlKit in the death of our late venerable colleague, the Hon. John C. Wright, we 
mourn the los--., to the State of Ohio, and to the nation at large, of one of our most sagacious 
statesmen and distinguished patriots; and to the cause of Union and conciliation, one of its most 
illustrious supporters. 

Resolved, That while we deplore with saddened hearts the affiiction with which an AUwise 
Providence has visited us, we knov,' that no transition from life to immortality could have been 
more grateful to him who has fallen than this, in which his life has been offered a willing sacrifice 
in an eftbrt to restore harmony to his distracted country. 

Resolved, That the members of this Convention lender their heartfelt sympathies to the family 
of the deceased in this their great affliction. 

Resolved, That these resolutions be spread upon the records of this body, and a cony of the 
same be transmitted to the family of the deceased. 

The Hon. Charles A. Wickliffo, of Kentucky, moved the adoi)tion of 
the resolutions, and said : 

Mr. President, 1 rise to tender my most cordial sanction and second to the resolutions which 
liavc just been read. 

Mv. Wright and myself entered the councils of this nation thirty-seven years ago. We served 
together during a period when party excitement ran high upon questions raoj-e of a personal than 
a constitutional character. I can bear witness not only to his ability, but to his personal integ- 
rity, and his purity of political action through our term of service in the House of Representa- 
tives. I have seldom met him since we separated at tlic termination of his service and mine in 
that body, wliich occurred at pretty near the same period; but whenever I have met him, I have 
found him the same stern advocate of the Union, and of constitution.al liberty. I rejoiced, 
therefore, when I found him in this hall on the day we first assembled here. I knew his conser- 
vative disposition and principles, and I promised myself that with his aid I could be more useful 
to n;y country and to my State than without him. In conversing with him upon the difficulties 
which now divide and distract our common country, I found him ready and willing, conscientiously 
and patriotically, to do that which I thought that portion of the country wh.ich I represent haa a 
right to demand and expect of those who represent a different portion of our Union. And if my 
friend from Ohio, (Mr. Chase,) and his colleagues will permit me to mingle my sorrow at the 
public loss, I will say nothing of the private bereavement of the family of our deceased colleague. 
I leave him to his country, and to you, with this testimony which I leave to his memory— his 
honesty of purpose and his patriotic love of country 

The Hon. A. W. Loomis, of Pennsylvania, said : 

Mr. President, I desire to mingle my sincere regrets vvith those of the members of this assem- 
blage at the sad and unexpected occurrence which deprived us of an able, experienced, and 
patriotic associate. My relations with the deceased were, for many years, probably more intimate 
than those which existed between him and any other member of this Convention. Forty years 
have elapsed since I fir-st made his acquaintance. He was then in full, active, and extensive 
practice; a learned lawyer, an accomplished, skillful, and successful advocate. During the 
succeeding year I came to the bar, and resided and practiced in the sam.e judicial circuit with 
eur departed friend. For many years the most kind and intimate relations existed between us, 
sometimes colleagues, but usually opponents. So kind and genial was his nature, so fair and 
liberal his practice, that during our entire intercourse not an unkind word was uttered, and, so 
far as I know or believe, not an unpleasant feeling existed in the bosom of either. 

Though not gifted with the highest order of eloquence, he was clear, distinct, and persuasive. 
His style of speaking resembled not the babbling brook or the dashing cataract, but usually the 
limpid stream, gliding gracefully amid fields and fruits and flowers, though sometimes assuming 
the power and proportions of the majestic river, cutting its sure and certain way to the mighty 
ocean. 

His professional position, his kindness of heart, and genial humor, made him an object of high 
respect and warm regard among his professional brethren. And now, sir, as memory passes ia 
review the happy hours and pleasant incidents which marked our social and professional inter- 
course, the smitten heart shrinks in sadness and sorrow from the contemplation of our uereaTe- 



PEACE CONFERENCE EEPOET. 33 

merit. He adorncil, sir, tlie bar, the liciich, and the hiills of lc;,'islatlon. IIo dlschargci], in all 
tlie relations of life, his obligations with fidelity. Of him it might be truly said : 

Hia life hath flowdl a snored stream, in whose calm depth 
The buautiful aiiJ puro nlono are mirrored; 
AVliich, thdiifih saiipos of ill may hover o'er the surface. 
Glides in light, and take;" no shadows from them. 

■Rut, sir, the great crowning virtue and glory of his life was his acceptance of the mission 
which brouuht him here. TllOu^ll wliituiied by tlie fro.<ts of nearly eighty winters, neither lofty 
mountains nor intervening space could re-train his patriotic heart from a prompt response to the 
call of his country to mingle his inllucnce in a sincere and sacred clfort to save the Constitution 
and perpetuate the Union.' Ke accepted the great trust ; he mingled in our de'iljerations, and 
has fallen in the discharge of his duty. He has justly earned a title to the gratitude and respect 
of his country. May we not, sir, fondly hope that he, who was called from the discharge of such 
rluties to the" presence of his God, has passed from the sorrows of earth to the happiness of 
Heaven, and to the full fruition of joys pure, perfect, and eternal ? 

The Hon. Thomas L. Ewing, of Ohio, said: 

I rise to bear my tribute of respect to the memory of the deceased. I have known him long 
Ou my first entrance into active life, the bar, I found him an able and distinguished member 
Since'that time down to the present day, he has been largely associated, in mind and person,' 
with all the acts and progress, professional and political, of my life. I feel his loss intensely; 
und I fed it with more regret, because I know that on this occasion his voice would have been 
potential in our counsels, and would have been united with all of us, who labor most earnestly 
for the preservation of the Union. 

I tender my sympathies to the family of the deceased. I unite with them in their regrets, and 
in their hopes of the happy future to which he ma'y have attained. 

The IIoii. William C. Eives, of Yirginia" said: 

Though wholly unprepared to say anything worthy of the solemnity of this occasion, I fee 
that I should be wanting, sir, in that sentiment of respect which is due to the character of a 
distinguished citizen, if I were not to add to what has been so elocinently spoken by others a few 
words of personal recollection in regard to our deceased friend. Judge Wright. It so happened 
that we entered the public councils of the country at the same moment, and continued 
in them for the same period of time. It is now just thirty-seven years since I had the 
pleasure of meeting Judge Wrigh", for the first time, in the House of Representatives of the 
United States. I may be permitted to say, that there were giarits in those days. My honor.ible 
friend from Kentucky, (Governor Wickliife,) who has already so feelingly addressed the Con- 
vention, will recollect that on the roll of the House of Repre-entatives at that time stood the 
names of Webster and Everett, of Oakley and of Storrs, of Serge:int and of Hemphill, of Lewis 
McLane, of the immortal Clay, and Barbour, and Randall, and other gentlemen known to fame, 
from the State which I have the honor to represent in this body, and Livingston, of Louisiana, 
McDuffie, and Hamilton, of South Carolina, and other gentlemen who, on the spur of the occa- 
eion, I am not now able to recall, but whose names will forever shine upon tlie rolls of their 
country's glory. And yet in that body Judge Wright, then in the maturity of his powers, though 
not previously known to the nation, vindicated an equal rank in debate with those gentlemen 
whose names I have mentioned. Sir, I shall never forget with what earnestness, with what man- 
liness, with what integrity, with what ability, he ever uttered his convictions of public duty, 
whatever they were, in that consecrated hall. 

After remaining there, I think, for six years, he retired to his own State for the purpose of 
assuming the duties of a highly important and dignified office, which was soon followed by his 
retirement into the bosom of private life, where he met a rich and ample solace for the storms of 
his public career. He was fullowed there by the respect of his fellow-citizens throughout the 
country, and the confidence of his own State, as we have recently seen, by his being called from 
that honorable retirement to take part in the grave and solemn duties of this assembly. Sir, he 
came among us in obedience to the solemn call of patriotic duty, at a most exigent and distress- 
ing period in our national annals. He came here on an errand of peace, in the spirit of peace 
and conciliation. Such was the feeling entertained towards him by the whole of this assembly, 
that without the slightest preconcert, so far as I know, he was inviteii by general consent to preside 
during the preliminary stages of the organization of this Convention. I had the opportunity, 
from time to time, of private conversation with the aged statesman. I found no member of the 
assembly I met here — and, indeed, I have found nowhere any citi/.en of this wide Hepiiblic of 
ours— wliose heart was more deeply imbued with the spirit of conciliation anil of peace, of that spirit 
whicu was so solenmly and impressively uttered in his last prayer, " May the Union be pre- 
Berved." Sir, it is not given to mortal mm to choose the manner of his death; but if such were 
the privilege accorded to any human being, what more glorious end could he, appreciating a true 
fame, covet than that which has been the lot of our departed friend I Sir, I speak what I feel, 
and I dare say I express a sentiment which has impressed itself upon many other bosoms in this 



34 



PEACE CONFERENCE REI^ORT. 



assembly, when I say that his sudden death in the midst of our deliberation?, seems to me to exalt — 
in somedegree, to canonize — our hibors. This visible manifestation of the hand of God among 
tia brings n° in the immediate presence of those solemn responsibilities which attach themselves 
to the discharge of our duties here. I doubt not that every member of tliis assembly is already 
deeply impressed with the solemnity of those duties, and I feel convinced that there are few, if 
anv, in this assembly, who would not lay down their fleeting and feverish existence, and follow 
our deceased brother to his final account,' if by doing so they could restore peace and harmony to 
tbis glorious Republic of ours. 

It does not become me to make any professions of devotion to my country — to my whole 
country ! But this I will say, in the spirit of the last prayer of my friend, that I should re<?ard 
my poor life, such as it is, a'cheap purchase — the cheapest imaginable purchase — for that great 
boon to our country, the restoration of its peace, of its harmony, of its unity, of its ancient con- 
federated strength and glory. 

The question was taken, and the resolutions were unanimously adopted. 
The body of Mr. Wright was then brought into the hall, preceded by 
the Rev. Dr. Hall, who read the impressive'funeral service of the Episco- 
pal Church. A number of the members of the familj', and of the friends 
&f the deceased, were present during the services. Tlie funeral cortege 
proceeded from the hall to the depot of the Baltin:iore and Ohio railroad. -l^ 
The following gentlemen acted as pall-bearers on the occasioii: 

Mr. EWING, Mn. CHASE, 

Mr. HITCHCOCK, Mr. LOOMIS, 

Mr. backus. Ma. GROESBECK, 

Mr. WOLCOTT, Mr. STANTON, 

Mr. SHERMAN, ' Mr. HARLAN, 

Mr. VINTON, Ma. GURLEY. 

By resolution of the Committee, the proceedings were reported in full, 
and ordered to be printed. 

~ ~ * FUNERAL SERYICES OF HON. JOHN C. WRIGHT. 

Cincinnati, February 17, 1R61._ 
The funeral of the late Judge Wright was very largsly attended yesterday attoriioon, frum his resi- 
donce on west Sixth strost. The funeral service of the Epi.scnpal Church was read by Rev. Ur. Green- 
l«af. Rector of St. Paul's, of which the deceaserl was a member. Ihe remains wore inclosctl in a 
double mahogany coffin, on tholid of which was a silver plate with the inscription : 

'•JOHN C. WRIGHT, 
BoBN Aug. 10, 1784. 
DiKD Feb. 13. ISCl." 

In consequence of the large attendance the coffin w.as placed on the pavement in front of the resi- 
dence, and the members of the bar, railrwad m^n, and citizens, form-d in procession, passed by anjl 
took a bast look at the face with which they had been so long familiar. The coffin, covered with a lilacls 
velvet pall, was placed in a hearse and conveyed to the depot of the Cincinnati, Hamilton, and Dayton 
^ilroad, followed by earriases with relations and friends. The pall-be.iicra were : 
NKUIOLA^s LONGWORTH, Esq., Junr.E ESTE, 

JnxiE LKVITT, Jri><-,K STOKER, 

CllAKLES STETSON.Esq.. CHA KLES FOX. Esq., 

ADAM RIDDLE. E.^q,, E S. HAINES Esq. 

V. WORTHINGTOJf, fesq.. GEORGE CARLISLE, Esq., 

JOHN P. FOOTE, Esq. 

Arrived at the depot, the remains were placed in the front car of a speei.al train of nine cars, itt 
charKO of Mr. Potter, conductor. The train moved to the sacred routing place ot the dead, slowly, as 
bocnmo the solemnity of the occasion. Another hearse aud earriases had been provided at the 
grounds, and the procession wound its way through the avenues towards the vault, where the so-vices 
were concluded, and with the words, " earth lo earth, dust to dust," were committed to the tomb all 
that was earthly of him who wtis so honored in life and lamented iu death. 

FURTHER OF THE ILLNESS AND DEATH OF JUDGE WRIGHT. 

Dr. Miller, of Washington, the physician in attendance upon Hon. John C. Wright durincf his last 
illness in that plaee, states that Mr. Wright ha.l been laboring under chronic bronchitis tor many 
years • that he had taken cold, which terminated iu effusion in the lungs, and that he was unable to 
throw oflf the fluid which accumulated, on account of paralysis of the lungs. The result was sufluca- 

Jiulge WriRht was entirely conscious to within a few hours of his death. At ten o'clock Wednesday 
morniug last, he received a letter from his wife, and, it having been read to him. he struggled to sit up 
toreplv to it, but found himself unable to do so. At eleven o'clock, seeming revived, ho called upon his 
son to bring and read to him the Federal Constitution, and repeated that part pertaining to the count- 
in"- of the votes for Presid'int and Vice President, in the performance of the duty under which he sup- 
posed the two houses of Congress to be then engaged. At twelve o'clock he uvg-d his son, with other 
friends, to leave him for the Convention, and at the samj time exacted a promise from his son, that, it 
be snould bo coinnellod to attend his body home, he would at once return and resume his duties as- bee 
retary of the Convuntion. — Cincinnati (Jazette. 



PEACE CONFEEENCE REPORT. 35 

Washington Citt, February 15, 18G1, 

The Conrention met pursuant to adjournment. 

President Tyler in tlie chair. 

Tlie Convention Avan opened witli prayer hy Eev. Mr. Ecnnor. 

The journals of llie KUh and the s})ecial aession of the 11th were read 
and approved. 

The President laid before the Convention a communication from Horatio 
Stone, extcndinf^ an invitation to members of the Convention to visit hii 
ttudio ; which was read, and laid on the table. 

The President presented to the Convention a resolution of the House of 
Keprcsentativcs, tendering admission to the floor of the House to membcri 
of the Convention ; in accordance with which cards of admission had been 
Bent. 

The President also presented a letter from J. E. Sands, proffering to th» 
Convention some flags witli historical reminiscences, to be placed in thig 
hall during its session; which was read, and laid on the table. 

Also a communication from Horatio G. Warner, which was received, and 
laid on the table. 

Mr. Summers, from the Committee on Credentials, presented a telegraph 
dispatch from the Governor of Ohio, appointing C. P. Wolcott a commis- 
lioner in the place of John C. Wright, deceased. 

Mr. Wolcott's name was entered on the list of members. 

Mr. Orth, of Indiana, offered the following resolutions: 

Rrsolvfd, That rules sixteen (16) and eighteen (18) of this Convention be, and the same are 
hereby, rescinded. 

Resolved, That the President is hereby authorized to grant cards of admission to reporters of 

(he pree? not exceeding in number, which shall entitle them to seats on the floor of th« 

Convention, for the purpose of reportin-; its proceedings. 

Resolved, That no person be admitted to the floor of this Convention, except the membenj, 
efficers, or reporters. 

After discussion by Messrs. Wickliff'e and Orth, on motion of Mr. lian- 
dolph, the resolutions were laid on the table. 

iLr. Guthrie, from the Committee of one from each State, made a report 
and-submitted the following proposed amendments of the Constitution:"^ 

Articli 1. In all the territory of the United States, not embraced within the limits of tb« 
Cherokee treaty grant, north of a line from east to we.-t, on the parallel of 36 degrees 30 min- 
tites, north latitude, involuntary servitude, except in punishment of crime, is prohibited whilst 
It shall be under a Territorial government; and in all the territory south of said line, the status of 
persons owing service or labor as it now exists shall not be changed by law while such territory 
ilhall be under a Territorial government ; and neither Congress nor the Territorial govtrnmen* 
(hall have power to hinder or prevent the taking to said territory of persons held to labor or in- 
voluntary service, within the United States, according to the laws or usages of the State from 
which such persons may be taken, nor to impair the rights arisitig out of said relations, which 
^.all be su!)ject to judicial cognizance in the federal courts, according to the common law; and 
when any territory north or touth of said line, within such boundary as Congress may prescribe, 
ihall contain a population reqtiired for a member of Congress, according to the then federal 
ratio of representation, it shall, if its form of government be republican, be admitted into the 
Union on an eijual looting with the original States, with or wiihout involuntary service or labofi, 
as the constitution of surh new State may provide. 

Article '2. Territory shall not be acquired by the United States, unless by treaty; nor, ex«ept 
for naval and commercial stations and depots, unless such treaty shall be ratified by four fiftba 
6f all members of the Senate. 

Article 3. Neither the Constitution, nor any amendment thereof, .shall be construed to give 
Congress power to regulate, abolish, or control, within any St ite or Territory of the United 
States, the relation established or recognized by the laws thereof touching persons bound to 
labor or involuntary service therein, nor lo interfere with or abolish involuntary service in the 
District of Columbia without the consent of Maryland and without the consent of the owners, 
or making the owners who do not con-cnt ju.^t compensation; nor the power to interfere with or 
prohibit Representatives and others from bringing with them to the city of Washington, retaio- 



36 PEACE CONFEKENCE REPORT. 

ing, and taking away, persons so bound to labor; nor the power to interfere wit?i or abolish 
involuntary service in places under the exclusive jurisdiction of the United States within those 
States and Territories where the same is established or recognized; nor the power to prohibit 
the removal or transportation, by land, sea, or river, of persons held to labor or involuntary ser- 
Tice in any State or Territory of the United States to any other State or Territory thereof where 
it is establistied or recognize'd by law or usage; and the right during transportation of touching 
at ports, shores, and landings, and of landing in case of distress, shall exist. Nor shall Congress 
have power to authorize any higher rate of taxation on persons bound to labor than on land. _ 

Article 4. The third paragraph of the second section of the fourth article of the Constitu- 
tion shall not be construed to prevent any of the States, by appropriate legislation, and through 
the action of their judicial and ministerial officers, from enforcing the delivery of fugitives from 
labor to the person to whom such service or labor is due. 

Article 5. The foreign slave trade and the importation of slaves into the United States and 
their Territories, from places beyond the present limits thereof, are forever prohibited. 

Article 6. Tlie first, second, third, and fifth articles, togetiier with this article, of these 
amendments, and the third paragraph of the second section of the first article of the Constitu- 
tion, and the third paragraph of tlie second section of the fourth article thereof, shall not ba 
amended or abolished wi'thout the consent of all the States. 

Article 7. Congress shall provide by law that the United States shall pay to the owner the 
full value of his fugitive from labor, in all cases where the marshal or other ofiicer, whose duty 
it was to arrest such fugitive, was prevented from so doing by violence or intimidatioQ, or when, 
after arrest, such fugitive was rescued by force, and the owner thereby prevented and obstructed 
in the pursuit of his remedy for the recovery of such fugitive. 

Mr. Baldwin, from the same committee, siibmitted the following report . 

The undersigned, comprising a part of the minority of the committee of one from each State, 
to whom was referred the consideration of the resolutions of the State of Virginia and the other 
States represented, and all propositions for the adjustment of existing differences between the 
States, with authority to report what they deem right, necessary, and proper to restore harmony 
and preserve the Union, and report thereon, entered upon the duties of the committee with an anx- 
ious desire that they might be able to unite in the recommendation of some plan which, on due 
deliberation, should seem best adapted to maintain the dignity and authority of the Government 
of the United States, and, at the same time, secure to the people of every section that perfect 
equality of right to which they are entitled. 

Convened, as we are, on the invitation of the Governor of Virginia, in pursuance of the reso- 
lutions of the General Assembly of that State, with an accompanying expression of the deliber- 
ate opinion of that body that, unless the unhappy controversy which now divides the States shall 
be satisfactorily adjusted, a permanent dissolution of the Union is inevitable; and, being earn- 
estly desirous of an adjustment thereof, in concurrence with Virginia, in the spirit in which the 
Constitution was originally formed, and consistently with its principles, so as to afford to the peo- 
ple of all the States adequate security for all their rights, the attention of the undersigned was 
necessarily led to the consideration of the extent and equality of our powers, and to the propri- 
ety and expediency, under existing circumstances, of a recommendation by this Conference Con- 
ye'ntion of any specific action by Congress, whether of ordinary legislation, or in reference to 
constitutional amendments to be proposed by Congress oaits own responsibility to the States. _ 

A portion of the members of this Convention are delegated by the Legislatures of their 
respective States, and are required to act under their supervision and control, while others are 
the representatives only of the Executives of their States, and, having no opportunity of con- 
sulting the immediate representatives of the people, can only act on their individual responsi- 
bility. . 

Among the resolutions and propositions suggesting modes of adjustment appropriate to thia 
occasion which were brought to the notice of "the committee, were the resolutions of the State 
of Kentucky recommending to her sister States to unite with her in an application to Congress 
for the calling of a convention in the mode prescribed by the Constitution for proposing amend- 
ments thereto. 

The undersigned, for the reasons set forth in the accompanying resolution, and others winch 
have been herein indicated, is of opinion that the mode of adjustment by a general convention, 
as proposed by Kentucky, is the one which affords the best assurance of an adjustment accepta- 
ble to the people of every section, as it will afford to all the States who may desire amendments 
aa opportunity of preparing them with care and deliberation, and in such form as they may deem 
it expedient to prescribe, to be submitted to the consideration and deliberate action of delegates 
duly chosen and invested with equal powers from all the States. 

The undersigned did not, therefore, deem it expedient that any of the measures of adjustment 
proposed by the majority of the committee should be reported to this body to be discussed or 
acted upon by them, and he respectfully submits, as a substitute for the articles of amendment 
to the Constitution, reported by the majority of the committee, the following preamble and reso- 
lution, and respectfully recommends the adoption thereof. 

^ ^ ROGER S. BALDWIN. 



PEACE CONFERENCG REPORT. 3T 

Wnr.nKAS, Uiihnppy differences exist wliicli have alicnntcd from each otbcr portions of tlie peo- 
ple of the United States to such an extent as seriously to disturl) the )ie;ic« of the u.^tioii, and 
impair the re>,'ular and eflicient action of the Government within the sphere of its constitutional 
powers and duties: 

And whereas, the Legislature of the State of Kentucky has made application to Congresg t* 
call a convention for proposing amendments to the Constitution of the United State;*: 

And whereas, it is believed to be the opinion of tlie people of other States that amendment* 
to the Constitution are or may become necessary to secure to the peojile of the United States, of 
everv section, the full and equal enjoyment of tiieir rights and liberties, so far as the same maj 
depend for their security and protection on the powers granted to or withheld from the (leneral 
Government, in pursuance of the national purposes for which it was ordained and established: 

And whereas, it may be expedient that such amendments as any of the States may desire t» 
have proposed, shoukl be presented to the convention iu such form as the respective States desir- 
ing the same may deem proper: 

Tiiis convention docs, therefore, recommend to the several States to unite with Kentucky in 
her application to Congress to call a convention for proposing amendments to the Constitution of 
the United States, to be sul)mittcd to the Legislatures of the several States, or to conventiong 
therein, for ratification, as the one or the other mode of ratification may be proposed by Con- 
gress, iu accordance with the provision in the fifth article of the Constitution. 

Mr. Field, of New York, and Mr. Crowninsliield, of Massachusetts, of 
the same committee, stated that they had not concurred in the majoritj" 
report. 

Mr. Seddon, of Virginia, from the same committee, submitted the fol- 
lowing report: 

The undersigned, acting on the recommendation of the commissioners from the State of Vir- 
ginia, as a member of the committee appointed by this Convention to consider and recommend 
propositions of adjustment, has not been so happy as to accord with the report suljmitteil by th* 
majority ; and as he more widely dissents from the opinions entertained by the otiier dissenting 
members, he feels constrained, in vindication of his position and opinions, to present on his part 
this brief report, recommending, as a substitute for the report of the majority, a proposition sub- 
joined. To this course he feels the more impelled, by deference to the resolutions of the Gen- 
eral Assembly of his State, inviting the assemblage of this Convention, and suggesting a basis 
of adjustment. These resolutions declare, that, " in the opinion of the General Assembly of 
Virginia, the propositions embraced in the resolutions presented to the Senate of the United 
States by the Hon. John J. Crittciiden, so modified as that the first article proposed as an amend- 
ment to the Constitution of the' United States, shall apply to all the territory of the United Statei 
now held, or hereafter acquired, south of latitude 36 degrees 30 minutes, and provided that 
slavey of the African race shall be effectually protected as property therein during the continu- 
ance of the Territorial government, and the fourth article shall secure to the owners of slarei 
the right of transit with their slaves between and through the non-slaveholding States or Terri- 
tories, constitute the basis of such an adjustment of the unhappy controversy which now divides ' 
tlie States of this confederacy, as would be accepted by the people of this Commonwealth." 

From this resolution, it is clear that the General Assembly, in its declared opinion of what 
would be acceptable to the people of Virginia, not only reijuired the Crittenden propositions as a 
basis, but also held the modifications suggested in addition essential. Iw this the undersigned 
fully concurs. But, in his opinion, the propositions reported by the majority do not give, but ma- 
terially weaken, the Crittenden propositions themselves, and fail to accord the modifications sug- 
gested. The undersigned, therefore, feels it his duty to submit and recommend, as a substitute, 
the resolutions referred to, as proposed by the Hon. John J. Crittenden, with the incorporation «f 
tlie modifications suggested by Virginia explicitly expressed, and with some alteratioiis on pointi 
which, he is assured, would make them more acceptable to that State, and, as he hopes, to th» 
whole Union. The propositions suljniilted are appended, marked No. 1 

The undersigned, while contenting himself in the spirit of the action taken by the Geieral 
Assembly of his State, with the proposal of that substitute for the majority report, would be 
untrue to his own convictions, shared, as he believes, by the majority of the Commissioners from 
Virginia, and to his sense of duty, if he did not empliatically declare, as his settled and deliberata 
judgment, that for permanent safety in this Union to the slaveholding States, and the restoration 
of integrity to the Union, and harmony and peace to tlie country, a guarantee of actual power in 
the Constitution and in the working of the G(jvernment to the slaveholding and minority section, 
is indispcnsahle. How such guarantee might be most wisely contrived and judiciously adjusted 
to the frame of the Government, the undersigned forbears now to inquire. He is not exclu- 
sively addicted to any special plan, but believing that such guarantee might be adequately afifoi-d- 
ed by a partition of power in the Senate between the two sections, and by a recognition that 
ours is a Union of freedom and consent, not constraint and force, he respectfully, submits, for 
consideration by members of the Convention, the plan hereto appended, marked No. 2. 



S8 PEACE CONFERENCE REPORT. 

Wlietlier he shall feel bound to invoke the action of the Conreution upon it, may depend oa 
the future manifestations of sentiment in this body. 
All which is respectfully submitted. 

JAMES A. SEDDON, 
February 15, 1861. C&imnissioncr from Va, 



No. 1. 
JOINT RESOLUTIONS proposing certain amendments to the Constitution of the United Stat«*|u 

Whereas, Serious and alarming dissensions have arisen between the Northern and Southertt 
Btates, concerning the rights and security of the rights of the slaveholding States, and especially 
their rights in the common territory of the United States ; and whereas, it is eminently desirable 
and proper tliat those dissensions, which now threaten the very existence of this Union, sliould 
heperm;inently ([uieted and settled by constitutional proyisions, which shall do equal justice to 
all sections, and thereby restore to the people that peace and good will which ought to prevail 
between all the citizens of the United States : therefore, 

Resolved, by this Convention, that the following articles are hereby approved and submitted CO 
{he CougicBs of the United States, with the request that they may, by the requisite constitutional 
majority of two thirds, be recommended to the respective States of the Union, to be, when rati- 
fied by conventions of three fourths of the States, valid and operative as amendmeuts of the Coii> 
Btitution of the Union. 

Article 1. In all the territory of the United States now held, or hereafter acquired, situaftl 
north of latitude thirty-six degrees and thirty minutes, slavery or involuntary servitude, except aa 
a punishment for crime, is prohibited, while such territory shall remain under territorial govern- 
ment. In all the territory south of said line of latitude slavery of the African race is hereby 
recognized as existing, and shall not be interfered with by Congress ; but hall be protected as 
property by all the departments of the territorial governmeBt during its continuance ; and when 
any territory north or south of said line, within such boundaries as Congress may prescribe, shall 
contain tlie population recjuisite for a member of Congress, according to the then federal ratio of 
representation of the people of the United States, it shall, if its form of government be repub- 
lican, be admitted into the Union on an equal footing with the original Slates, with or withovU 
slavery, as the constitution of such new State may provide. 

Article 2. Congress shall have no power to abolish slavery in places under its exclusive juriih 
diction, and situate within the limits of States that permit the holding of slaves. 

Article 3. Congress shall have no power to abolisli slarery within the District of Columbia, 
«o long as it exists in the adjoining States of Virginia and Maryland, or either, nor without the 
consent of the free white inhabitants, nor without just compensation first made to such owners 
©f slaves as do not consent to such abolishment. Nor shall Congress at any tiiue prohibit officer* 
of the Federal Government, or members of Congress, whose duties require them to be in said 
District, from bringing with them their slaves, and holding them as such during the time their 
duties m;iy require them to remain there, and afterwards taking them from the District. 

Article 4. Congress shall have no power to prohibit or hinder the transportation of slavei 
from one State to another, or to a Territory in which slaves are by law permitted to be held, 
whether that transportation be by land, navigable rivers, or by the sea. And if such transpor- 
tition be by seiv, the slaves shall be protected as property by the Federal Goveroment. And th» 
right of transit by the owners with their slaves, in passing to or from one slaveholding State or 
Territory to another, between and through the non-slaveholding States and Territories, shall bfl 
protected. And in imposing direct taxes pursuant to the Constitution, Congress shall have no 
power to impose on .slaves -a' higher rate of tax than on land, accordieg to their just value. 

Article 5. That, \n addition to the provisions of the third paragraph of the second section of 
the fourth article of the Constitution of the United States, Congress shall provide by law, that 
the United States shall pay to the owner who shall apply for it, the full value of his fugitive 
slave, in all cases, when the marshal, or other officer, whose duty it was to arrest said fugitive, 
was prevented from so doing by violence or intimidation, or when, after arrest, said fugitive waa 
rescued by force, and the owner thereby prevented and obstructed in the pursuit of his remedy 
for the recovery of his fugitive slave, under the said clause of the Constitution and the lawg 
made in pursuance thereof. And in all such cases, when the United States shall pay for such 
fugitive, they shall reimburse themselves by imposing and collecting a tax on the county or city 
in which said violence, intimidation, or rescue was committed, equal in amount to the sum paid 
by them, with the addition of interest and the costs of collection; and the said county or city, 
after it has paid said amount to ;he United States, may, for its indemnity, sue and recover from 
the wrong-doers, or rescuers, by whom the owner was prevented from the recovery of his fugitive 
tlave, in like manner as the owner himself might have sued and recovered 

Article 6. No future amendment of the Constitution shall afF«ct the five preceding articles, 
Bor the third paragraph of the second section of the first article of the Consr.itution, nor the 
third p;iragraph of the second section of the fourth article of said Censtitution, and no amend- 



PEACE CONFERENCE REPORT. 39 

ment shall be ninde to the Constitution which will aiitliorizc or give to Con;;re3S any power t» 
abolish or interfere with slavery in any of the Slates by whose laws it is or may be allowed or 
permitted. 

Article 7. Sec. 1. The elective franchise and the right to hold odice, whether federal, State, 
tcrritcjrial, or municipal, shall not be exercised by persons who are, in whole or iu part, of the 
African race. 

And whereas, also, besides those causes of dissension embraced in tho foregoing amondmeBts 
proposed to the Constitution of the United States, there are others which come within the jurin- 
diction of Congress, and may be remedied by its leuislative power: and whereas, it is tliu desire 
of this Convention, us far as its influence may extend, to remove all just cause for the popiilar 
discontent aid agitation which now disturb the peace of the country, and threaten tho stability 
of it^ institutions: therefore, 

1. Rt'solved, That the laws now in force for the recovefy of fugitive slaves are in strict pur- 
suance of the phuB and maiidutory provisions of the Constitution, and have Ijecn sanctioned as 
valid and constitutional by the judgment of the Supreme Court of the United States; that the 
slaveholding States are entitleti to the faithful observance and execution of those laws, and that 
llicv ought not to be repealed or so modilied or changed as to impair their cniciency; and that 
laws ought to be made lor the punishment of those who attempt, by rescue of the slave or other 
illegal means, to hinder or defeat the due execution of said laws. 

2. That ail State laws which conflict with the fugitive slave actsj or any other constitutiosftl 
acts of Congress, or which in their operation impeele, hinder, or delay the free courfec and du« 
execution of any of said acts, are null and void by the i)lain provisions of the Constitution of 
the United States. Yet those State laws, void as they are, have given color to practices, and 
led to consequcices which have obstructed the due administration and execution of ac's of Con- 
gress, and especially the acts for the delivery of fugitive slaves, and have thereby contributed 
much to the discordand commotion now prevailing. This Convention, therefore, in the present 
perilous juncture, does not deem it improper, respectfully and earnestly, to recommend the repeal 
of those laws to the several Slates which have enacted them, or such legislative eorrecions or 
explanations of them as may prevent their being used or perverted to such mischievous pmposes. 

3. Tliat tl-.e act of the eighteenth of September, eighteen bunded and fifty, commonly called the 
fugitive slave \&\f, ought to be so amended as to make the fee of the commissioner, mtntioied 
in the eighth section of the act, ecjual in amount, in the cases decided by him, whether his 
decision be in favor of or against the claimant. And to avoid misconstruction, the Isst clauB« 
of the lifih section of said act, which authorizes the person holding a warrant for the arrest or 
detention of a fugitive slave to summon to his aid the posse comitatns, and which declares it t* 
be the duty of all good citizens to assist him in its execution, ought to be so amended as t© 
expressly limit the autiiority and duty to cases in which there shall be resistance, or danger of 
resistance or rescue. 

4. That the laws for the suppression of the African slave trade, and especially those prohibit- 
ing the importation of slaves into the United States, ought to be made effectual, a.ul ought W 
be thoroughly executed, and all further enactments necessary to those ends ought to be promptly 
made. 



No. 2. 
PROPOSED AMENDMENTS BY MR. SEDDON. 

To secure concert and promote harmony between the slaveholding and non-slaveholding sec- 
tions of )he Union, the assent of the majority of the Senators from the slareholding States, and 
of the majority of the Senators from the non-*laveholding States, shall be requisite to the valid- 
ity of all action of the Senate, on which the ayes and noes may be called by five Senators. 

And on a written deehirutiun, signed and presented for record on the journal of the Senate 
by a m-jority of the Senators from either the non-slaveholding or slaveholding States, of thek- 
want of confideJice in luiy olliccr or appointee of the Executive, exercising functions exclusively 
or continuously within the class of States, or any of them, which the signers represent, then such 
officer shall be removed by the Executive; and if not removed at the expiration of ten days 
from the pi-esentation of Bviuh declaration, the ofiice shall be deemed vacant, and open to new 
appointment. 

The connection of every State with the Union is recognized as depending on the continuing 
assent of its people, and compulsion shall iu no case, nor under any form, be attempted by the 
government of the Union against a State acting in its collective or organic capacity. Any State, 
by the action of a conveniion of its people, assembled pui-suant to a. law of its Legislature, i« 
hrld entitled to dissolve its relation to the Federal Government, and withdraw from the Union; 
and, on due notice given of such withdrawal to the Executive of the Union, ho shall ajnioint 
two commissioners, to meet two commissioners to be appointed by the Governor of the State, 
who, with the aid. if needed from the disagreement of the commissioners, of an umpire, to 1« 
selected by a majority of them, shall equitably adjudicate and determine finally a partition of t'iie 
rit^hts and obligationB of the withdrawing State; and such adjudication and partition bein|f 



40 PEACE CONFERENCE REPORT. 

accomplished, the withdrawal of such State shall be recognized by the Executive, and announced 
by public proclamation to the world. 

But such withdrawing State shall not afterwards be re-admitted into the Union without the ' 
assent of two thirds of the States constituting the Union at the time ©f the proposed re-admis- 
sion. 

Mr. Coulter, of Missouri, stated the basis of the action of that State. 

Mr. Wickliffe, of Keutuek}', moved the printing of the reports, and that 
they be made the order of the day for to-morrow, at 12 o'clock; which, 
after discussion, was adopted. 

Mr. Chase, of Ohio, moved the printing of all resolutions of the several 
States in relation to the subjects before this Convention; which was 
ordered. 

Mr. Wickliffe offered the foilovfing preamble and resolutions: 

The second section of the iih article of the Constitution of the United States declares, "that 
no person held to service or labor in one State, under the laws thereof, escaping into another, 
shall, in conseauence of anv law or regulation therein, be discharged from such service or labor, 
but snail be deuvered up on claim of the party to whom sucli service or labor may ue aue." 

This clause is one of the compromises without which no Constitution would have been adopt- 
ed. It was a guarantee to the States, in which such labor and service existed by law, that their 
rights should be respected and regarded by all the States; and it is not within the competency 
of any State to disregard the obligations it imposes, or to render it valueless_ by legislative 
enactments. And whereas, the House of Representatives of the United States did, on the — — 
of February, by unanimous vote, declare that neither the Congress of the United States, nor the 
people or government of any non-slaveholding State, has the constitutional right to legislate 
upon, or to interfere with, slavery in any slaveholding State in the Union. 

This declaration is regarded by this Convention as an admission that the statutes of those 
States, passed for the purpose of defeating the provision of the Constitution aforesaid, and the 
laws of Congress made to enforce the just ^and proper execution of this constitutional guarantee, 
are in violation of the supreme law of the land. 

The provisions of the statutes in many of the non-slaveholding States, commonly known 
and called "personal liberty bills," amount in their consequences to a practical nullification of 
the acts of Congress of February 12di, 1793, and September 18th, 1850, and are in violation of 
the 2d section of the 4th article'of the Constitution, as before stated. That the spirit of those 
statutes appears to be repugnant to the principles of compromise and mutual and liberal conces- 
sions which dictated the section of the Constitution in question, and which pervades every part 
of that instrument. It is, therefore, respectfully requested by this Convention that the several 
States abrogate all such obnoxious enactments. _ 

That the spirit of comity between the States, and the spirit of unity and fraternity which 
should actuate .all the people of these United States, require that complete right and security of 
transit with all persons who owe them service or labor should be allowed to the citizens of each 
State by the laws of everv other Stare. 

Resolved, That a copv of the foregoing be sent by the President of this Convention to the 
Governors of each of tlie free States, as the deliberate judgment and opinion of this Conven- 
tion, and that he request the same be laid before their respective Legislatures. 

The Convention then adjourned until 12 o'clock, to-morrow. 



Washington City, February IG, 18G1. 

The Convention met pursuant to adjournment. 

President Tyler in the chair. 

Prayer was offered by Pev. Dr. Sunderland. 

The" journal of the preceding day was read and approved. 

The President laid before the Convention a communication from W. C. 
Jewett, which was received and laid on the table. 

Mr. ^Yickliffe offered the following resolution : 

Resolved, That in the discussions which may take place in this Convention upon any questions, 
no member shall be allowed to speak longer than thirty minutes. 

Which, after debate thereon, was postponed by the mover until Tues- 
day. 



PEACE CONFERENCE REPORT. 41 

Mr. CrisfioUl moved tho hour of mceiiiii^ of tho Convention be at tcu 
o'clock, which was amended to eleven o'clock, A. M., and adopted. 

Mr. Chase moved to amend the first rule by inserting after the word 
"represented," tho following: '-The yeas and nays of the delegates from 
each State, on any question, shall be entered on the Journal when it id 
desired by any delegate." Which was not agreed to. 

Mv. Wieklilte, from the Ct^mmittee on Organization, offered the f<>llo\ving 
resolution, which was adopted. 

Rcsolcrd, That the lltli Rule of this Convention he so amonded as to alloTV an appeal from 
the decision of the President, which appeal shall bo decided without debate. 

Mr. Johnson, of Maryland, gave notice that he should move to insert tho 
word j^rcsen^ before the word Territories, in the first line of the first section 
of the majority report, so as to conform to the intention of the majority 
of the committee. 

Ovi moti'^n idifniTfind. 



"WAsniNGTON CiTT, February 18, ISGl. 
The convention met pursuant to adjournment. 
PiTsldent Tyler in the chair. 

The proceedings were opened with prayer by the Rev. Dr. Gurley. 
The journal of Saturday was read and approved. 
ill*. Chittenden, of Yermont, oflered the following resolution: 

Resolved, That the rules of this Convention be so far modified as to require the Secretary to 
employ a competent stenographer, who shall write down and preserve accurate notes of the 
debates and otlier prooeedinirs of this body, which notes shall not be comnumicatod to any per- 
son, nor shall copies thereof be taken, nor shall the same be made public until after the final 
adjournment of this Convention, except in pursuance of a vote authorizing their publication. 

Mr. Tollock, of Pennsylvania, moved to lay the resolution upon tho 
table. 

A vote by States was taken. 

Ayes — Connecticut, Rhode Island, New Jersey, Delaware, Maryland, KcritucAV, Tennessee, 
North Carolina, Missouri, Vir!,nnia, and Pennsylvania — 11. 

Noes — Maine, Vermont, New Hamoshire, Massachusetts, Indiana, Illinois, Iowa, and New 
York— 8. 

Ohio, being divided, did not vote. 

The motion to lay upon the table was thereupon declared carried. 

Mr. Tuck, of New Hampshire, presented the following address and res- 
olutions; which Avere read, and on motion, ordered to be laid on the table 
and printed : 

To THE People of the U.vited States : 

This Convention of Conference, composed in part of commissioners appointed in accordance 
with the legislative action of sundry States, and in part of commisai'iners anpointed by the Gov- 
ernors of sundry other States, in compliance with an invitation by the (General Assembly of 
Virginia, met in Washington on the 4th February, 1861. Although constitutin<; a body luiknowu 
to ttie Constitution and laws, yet being delegated for the purpose, and having carefully consid- 
ered the existing dangers and dissensions, and having brought their proceedings to a close, pub- 
lish this addresi, and the accompanying resolution*, as the result of their deliberations. 

We recognize and deplore the divisions and distractions which now afflict our country, inter- 
rupt its prosperity, disturb its peace, and endanger the Union of the States ; but we rei)el tlie 
conclusion that any alienations or dissensions exist which are irreconcilable, which justify 
attempts at revolution, or which the patriotism and fraternal sentiments of the people, and the 
interests and honor of the whole nation, will not overcome. 



42 PEACE CONFERENCE REPORT. 

Ill a country embracinpj the central and most important portion of a continent, among a people 
jJow numbering over thirty millions, diversities of opinion ineritably exist ; and rivfilries, inten- 
sified at times by local interests and sectional attachments, must often occur ; yet we do not 
doubt that the theory of our government is the best which is possible for this nation, that the 
Union of the States is of vital importance, and that the Constitution, which expresses the com- 
bined wisdom of the illustrious founders of the government, is still the palladium of our liber- 
ties, adequate to every emergency, and justly entitled to the support of every good citizen. 

It embraces, in its provisions and spirit, all the defense and protection which any section of 
^e country can rightfully demand, or honorably concede. 

Adopted with primary reference to the wants of five millions of people, but with the wisest 
reference to future expansion and development, it has carried us onward with a rapid increase of 
numbers, an accumulation of wealth, and a degree of happiness and general prosperity never 
attained by any nation. 

Whatever branch of industry, or Avhatever staple production shall become, ip the possible 
cjianges of the future, the leading interest of the country, thereby creating unforeseen compli- 
cations or new conflicts of opinion and interest, the Constitution of the United States, properly 
understood, and faii'ly enforced, is equal to every exigency, a shield and defense to all in every 
time of neeil. If, however, by reason of a change in circumstance, or for any cause, a portion 
Of the people believe they ougkt to have their rigtus more exactly defined or more fully explained 
ifl the Constitution, it is their duty, in accordance with its provisions, to seek a remedy by way 
Ojf amendment to that instrument ; and it is the duty of all the States to concur in such amend- 
ments as may be found necessary to insure equal and exact justice to all. 

In order, therefore, to announce to the country the sentiments of this Convention, respecting 
not only the remedy which shoidd be sought for existing discontents, but also to connnunicate to 
tJie public what we believe to be the patriotic sentiment of the country, we adopt the following 
resolutions : 

1st. Resolved, That this Convention recognize the well understood proposition that the Consti- 
tution of the United States gives no power to Congress, or any branch of the Federal Govern- 
inent to interfere in any manner with slavery in any of the States ; and we are assured, by 
itbundiint testimony, that neither of the great political organizations existing in the country con- 
templates a violation of the spirit of the Constitution in this regard, or the procuring of any 
ajnendment thereof, by which Congress, or any department of the General Government, shall 
C[Ver have jurisdiction over slavery in any of the States. 

2d. Resolved, That the Constitution was ordained and established, as set forth in the preamble, 
Ijy the people of the United States, in order to form a more perfect Union, establish juslice, insure 
domestic tranquility, provide for the common defense, promote the general welfare, and secure 
the blessings of liberty to tkemselves and their posterity; and when the people of any St«te are 
not in full enjoyment of all the benefits intended to be secured to them by the Constitution, or 
their rights under it are disregarded, their tranquility disturbed, their prosperity retarded, or their 
liberty imperiled by the people of any other State, full and adequate redress can and ought to ba 
provided tor such grievances. 

3d. Rcsolvi'd, That this Convention recommend to the Legislatures of the several States of 
the Union to follow the example of the Legislatures of the States of Kentucky and of Illinois, 
in apf lying to Congress to call a Convention for the proposing of amendments to the Constitutioa 
of the United States, pursuant to the fifth article thereof. 

• Mr. GJuthrie ofiered. the following resolution, which Avas adopted: 

Resolved, That if the President shall choose to speak on any question, he may for the occasion 
oflll any member to preside. 

Mr. Meredith gave notice of his intent to otfer a proposition, as follows; 
\yhich was read, laid upon the table, and Ordered to be printed : 

Article — . That Congress shall divide all the territory of the United States into convenient 
T(f)rtions, each containing not less than sixty thousand scpiare miles, and shall establish in each a 
Territorial Government ; the several Territorial Legislatures, whether heretofore constituted or 
hereafter to be constituted, shall have all the legislative powers now vested in the raspective 
States of this Union ; and whenever any Territory, having a population sufficient, according to 
tlie ratio existing at the time, to entitle it to one member of Congress, shall form a republisan 
asnstitution, and apply to Congress for admission as a State, Congress shall admit the same as a 
fctate accordinfily. 

Mr. Wickliffe moved that the journal of the Convention up to the present 
day be printed. 

Mr. Goodrich moved to amend, by inserting "that it be printed from daj 
to day;" which amendment was adopted, and the resolution, as amended, 
passed. 



' PEACE CONFERENCE REPORT. 43 

The order of the day havinc; been called, 

Mr. Johnson moved the adoption of the aiuendincntH submitted by him 
Clfe the IGth. 

ls\i-. J'eid, of North Carolina, moved to add to the proposed anuMidincnt 
0f Mr. Johnson the words ''and future;" whereupon a vote was taken \)y 
States, with the following result: 

Ayes — New Jersey, Delaware, Marj^laiul, Kentucky, Tennessee, North Carolina, Mis.sourl, 
tbd Virginia — 8. 

Noes — \'erniont, Maine, New Ilampibire, Miiesaclmsetts, Connecticut, Klioile IsIanJ, Oliiq, 
•Indiana, Illinois, Pennsylvania, New York, and Iowa — 12. 

So the amendment was lost. 

A debate ensuetl on the amendment of Mr. Johnpon, wliieh was adopted] 
^G first section of the majority report, as amended, reading as iollows: 

Sec. 1. In all the present territory of the United States, not embraced within the liniit." of th» 
Cfherokee treaty jrrant, north of a line i'roni east to west, on the parallel of :;6 dejjreea ."^0 min* 
ptes north latiiude, involuntary servitude, except in punis-luncnt of crime, is prohil:)iteil whilst U 
iiall be under a Territorial government; and in all the present territory south of said line, &0. 

The Convention, on motion, adjourned at 4, V. M. 



Washington City, February 10, 18G1. 

Convention met at 11, A. M., pursuant to adjournment. President Tylcf 
-fij the chair. 

Proceedings opened b}^ prayer. 

The journal of proceedings was read, amended, and approved. 

Mr. Summers, from the Committee on Credentials, reported that thd 

f^'mmittee had received the credentials of the Hon. Francis Granger, as a 
mmissioner of the State of New York, in the place of Addison Gardiner ; 
i^jd the list of members was altered accordingly. 

Mr. Wicklitfe called np the following resolution, heretofore offered by 
lum, and laid upon the table : 

. Resolved, That in the discussions which may take place in this Convention upon any questionsi, 
»0 meurber shall be allowed to speak longer than thirty minutes. 

ilr. Davis, of North Carolina, moved to amend, by striking out tliirfy 
niirnde.^, and inserting ttm 7ninufcs. 

Mr. (.'aruthers moved further to amend by adding the fallowing: 

"And that all debates shall cease at 3 o'clock today, and the vote taken on such amendments 
1^ may be offered, and then on the report." 

It was moved to hi}' "the Avhole subject u]ion the table." A division 
was called for, the result of Avhich was as follows: — ayes 49, nays 51. 

So tlie motion to lay on the table was not agreed to. 

Mr. Randolph, of New Jersey, olfered the following, as a substitute for 
tiie resolution and amendments: 

Rrsohed, That this Convention will hold two sessions daily, tIz: From 10 o'clock. A- M., to 
4 o'clock, P. M.; and from B to 10 o'clock, P. M.; and that no motion to adjourn pr-or »o said 
hours of 4 and 10, P. il., shall be in order, if objection 1)0 mnde; and that on Thursday next, 
i\ 12 o'clock, noon, all debate shall cease, and the Convention proceed to vote upon the (lue** 
tions or propositions before them in th«ir order. 

After debate, the whole subject was, on motion of Mr. ^lorehead, of 
]S5^orth Carolina, laid upon the table until 10 o'clock, A. M., to-morrow. 

3Ir. Rufiin, of North Carolina, gave notice of his intention to offer cer- 
t§jj.n amendments to the majorit}- report of the committee. 



44 PEACE CONFERENCE REPORT. 

A motion was made tliat when this Convention adjourns it adjourn Vo 
meet at ten o'clock, A. M. An amendment was offered to insert half-past 
ten. A further amendment was proposed to adjourn to half-past seven this 
P. M. The resolution and amendments were subsequently withdrawn; 
whereupon the motion to adjourn to ten o'clock, A. M., was renewed, pend- 
ing a vote upon which a motion was made to adjourn, and declared car- 
ried. 



Washington City, February 20, 1801. 

Convention met at ten o'clock. 

President T^der in the chair. 

After prayer by the Eev. Dr. Samson, the journal of yesterday was read 
^nd approved. 

Mr. llarris, of Yermont, offered the following preamble and resolutions j 
■which were read, ordered to be printed, "and laid on the table: 

Whereas, The Federal Constitution, and the laws made in pursuance thereof, are the supieiu* 
law of the land, and should command the willing obedience of all good citizens; and whereas 
it is alle,t;:ed that sundry States have enacted laws repugnant thereto; therefore, 

Resolved, That this Convention respectfully requests the several States to revise their respective 
enactments, and to modify or repeal any laws which may be fouad to be in conilict with th» 
Constitution and laws of the United States. 

Resohed, That the President of this Convention is requested to send a copy of the foregoing 
preamble and resolution to the Governor of each of the States, with the request that the sani» 
be communicated to the Legislature thereof. 

Mr. Eandolph called up the resolutions yesterday laid upon the tabl<^ 
and the question was taken on striking out the latter clause of Mr. Ran- 
dol ■>h's substitute for Mr. AYickliffe's resolution, and the amendments 
offered thereto. A vote by States was ordered and taken, with the follow- 
ing result : 

Ayes— Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, Maryland, New York, 
New Hampshire, Ohio, Pennsylvania and Vermont — 12. 

Noes— Delaware, Kentucky, Missouri, New Jersey, North Carolina, Rhode Island, Tenness^ti, 
and Virginia — 8. 

So the clause was stricken out. 

Mr. Clay moved to lay the original and amendments upon the table. A 
vote by States being called for by Mr. Chase, resulted as follows : 

Ayes — Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New York, New Harrtp- 
shire, Vermont, Virginia — 10. 

Noes— Delaware, Maryland, Missouri, New Jersey, North Carolina, Ohio, PennBylvauJAi 
Rhode Island, Tennessee — 9. 

The resolution and amendments were laid on the table. 

Mr. Wickliffe gave notice of his intention to move, on Thursday, to close 
the debate on the report of the Committee on Propositions and Eesolutions 
from and after the 21st, in order to take a vote on the 22d, the birth-day of 
AV^ashington. 

The Convention proceeded to consider the report of the Committee on 
Propositions and Pesolutions. 

Mr. Smith, of New York, having the floor, gave way to a motion to a-d^ 
journ. 

Adjourned to ten o'clock, Pebruary 21. 



TEACK CONFERENCE REPORT. 45 

Wasiunoton City, February 21, ISlJl. 

Convent ion met pursuant to adjournment. 
President Tyler in the cluiir. 

The Convention was opened l)y pra^ycr from the licv. Mr. Stockton. 
Tlie journal was read and ajiproved. 

Mr. ('liase, of Ohio, presented the following resolutioiis, which woro 
road, ordered to be printed, and laid upon the tabic : 

Resolved, That it is inexpedient to proceed to final action on tlie grave and important mattcm 
involved in tlie resolutions of the State of Vir^^'inia, in compliance with which tliis Convention 
has assembled, and in the !?everal reports of t".,e majority and minorities of tlie committee to wliicli 
Baid resolutions were referred, until opportunity has been given to all tin; Stales to participate in 
deliberation and action upon them, and ample time has been allowed for such deliberation and 
action. 

Resohed, therefore, That this Convention adjourn to meet in the City of Washington on the 
4th day of April next ; and that tlie President be requested to address a letter to the Govern- 
ors of the several States not now represented in this body, urging the appointment and attend- 
ance of commissioners. 

Mr. AVicklifie, pursuant to his motion of yesterday, offered and asked 
the adoption of the following resolutions: 

Resoheil, 1st. That at one o'clock, the 2i2d February, ISGl, all debate upon tlie report of the 
committee of one from each State shall cease, and the Convention will proceed to vote, and con- 
tinue to vote until the whole subject shall have been disposed of. 

2d. If an amendment be offered by the commissioners of any State, or minority of such com- 
missioners, live minutes is allowed for explanation, and the like time is allowed to the committee 
to resist the amendment, if they desire to do so, and the mover of the amendment, or any member 
of the same State, may have live minutes for reply, 

3d. A motion to strike out and insert shall not be divided. 

Which several resolutions were agreed to. 

Mr. Dent, of Maryland, offered atid asked the adoption of the following 
rule : 

When the vote on any question is taken by States, any Commissioner dissenting from the vote 
of his State may have his dissent entered on the Journal. 

Mr. Chase, of Ohio, offered the following as a substitute for Mr. Dent's 
rule : 

The yeas and nays of the Commissioners of each State, upon any question, shall be entered 
upon tlie Journal when it is desired by any Commissioner, and the vote of each State shall be 
determined by the majority of Commissioners present from each State. 

The question being upon the adoption of the substitute, tlie same was 
rejected. 

The c[ucstion recurring upon the original rule of Mr. Dont, it was 
adopted. 

Mr. Bronson, of New York, moved that this Convention have a night 
session, and that when the Convention adjourn it shall adjourn to half-past 
seven o'clock this evening. 

Mr. Chase called for a vote by Slates as to a night session, which resulted 
as follows : 

Ayes — Delaware, Illinois, Kentucky, INIaryland, Missouri, New Jersey, New York, North 
Carolina, New Hampshire, Pennsylvania, Rhode Island, Tennessee, Virginia — 13. 
Noes — Connecticut, Indiana, Iowa, Maine, Massachusetts, Ohio, Vermont — 7. 

So the motion was carried. 

Mr. Wilinot, of Pennsylvania, gave notice lie should otlVr an amend- 
ment, as follows, to the report of the Committee on Propositions and 
^Resolutions; which was read, laid on the table, and ordered to ])e printed: 

And Congress shall further provide by law, that the United States shall make full compensa- 
tion to a citizen of any State, who in any other State shall sufl'er, by reason of violence or in- 
timidation from mobs and riotous assemblies, in his person or property, or in the deprivation by 
violence, of his rights secured by this Constitution. 



46 PEACE CONFERENCE REPORT. 

Mr. Coalter, of Missouri, gave notioe that he ehoiikl offer, as an aracndi- 
merit to the same report, the following; which was read, laid on the tabla> 
and ordered to be printed : 

The term of office of all Presidents and Vice Presidents of the United States, hereafter 
electel, shall be six years ; and any person once elected to either of said offices, shall ever aftof 
be ineligible to the same office. 

Mr. Bronson, of I^ew York, gave notice that he should offer, as an 
amendment to the same report, the follovriog; which was read, laid on th» 
tabic, and ordered to be printed: 

Congress shall have no power to legislate in respect to persons held to service or labor in any 
case, except to provide for the rendition of fugitives from such service or labor, and to siippre** 
the foreign slave trade ; and the existing; status or condition of all the Territories of the United 
States, in respect to persons held to service or labor, shall remain unchanged during their terri- 
torial condition ; and whenever any Territory, with suitable boundaries, shall cont-iin the popular 
tion requisite for a representative in Congress, according to the then federal ratio of representa*- 
tion, it shall be entitled to admission into the Union on an equal footing with the original States^ 
with or without persons held to service or labor, as the Coustituiiun of such new State m4y 
prescribe. , k 

Mr. Hitchcock, of Ohio, gave notice that he should offer, as an amend- 
ment to the same report, the following ; which was laid on the table, and 
ordered to be printed : 

Strike out Section 3, and insert the three following : 

Section 3. The Congress shall have no power to regulate, abolish, or control within any Stafe 
the relations established or recognized by the laws thereof, touching persons held to service or 
labor therein. 

Section 4. The Congress shall have no power to discharge any person held to service or labor 
from such service or labor in the District of Columbia, under the laws thereof, or to impair any 
rights pertaining to that relation under the laws now in force within the said District, without thte 
consent of the State of Maryland, and of those to whom the service or labor is due, or making 
to them just compensation therefor ; nor the power to interfere with or prohibit merflbera of 
Congress, and officers of the Federal Government, whose duties retjuire them to be in said Dis- 
trict, from bringing with them, retaining, and taking away persons so held to service or labor'; 
nor the power to impair or abolish the relations of persons owing service or labor in places under 
the exclusive jurisdiction of the United States, within those States and Territories where such 
relations are established or recognized by law. 

Section 5. The Congress shall have no power to prohibit the removal or tran?portation, by 
laud, sea, or river, of persons held to labor or service in any State or Territory of the United 
States, to any State or Territory thereof, where the same obligation or liability to labor or ser- 
vice is established or recognized by law ; and the right during such transportation of touching 
at ports, shores, and landings, and of landing in case of distress, shall exist ; nor shall the Con- 
gress have power to authorize any higher rate of taxation on persons held to service or labot 
than on land. 

Strike out Section 7, and insert — 

Section 9. Tlie Congress sliall provide by law, that in all case? where the marshal, or other 
officer, whose duty it shall be to arrest any fugitive from service or labor, shall be prevented from 
so doing by violence of a mob or riotous assemblage ; or where, after arrest, such fugitive shall 
be rescued by force, and the party to whom such service or labor is due^ shall thereby be deprived 
of the same, the United States shall pay to such party the full value of such service or labor. 

The Convention proceeded to the consideration of the report of th& 
Committee on Propositions and Resolutions. 

At half-past four, Mr. Chittenden having the floor, gave way to a motion 
to adjourn. 

Tlie Convention adjourned to half-past seven o'clock P. M., February 
21st. 

EVENING SESSION. 

Convention met pursuant to adjournment at seven and a half o'clock 
P. M. 



PEACE CONFEIIENCE REPORT. 47 

Tho Convention proceeded to tlio consideration of the report of Iho 
Cominittec on Propositions and Resolutions. 

At twelve o'clock Mv. Pollock, of Pennsylvania, ^ave way to a nuAioii 
to adjourn. 

The Convention adjourned to ten o'clock A. M., February 22. 



AVasiiington City, February 22, 1801. 

Convention met pursuant to adjournment. President Tyler in tli» 
chair. 

Convention opened by prayer. 

Tho journal of proceedings was road and approved. 

On motion of Mr. Wicklitfo, the President was authorized to appoint a 
committee of three upon the subject of finance and printing. 

The President appointed as such committee : Mr. Johnson, of Maryland} 
Mr. Pollock, of Pennsylvania; and Mr. Granger, of New York. 

Mr. Turner, of Illinois, offered {ind moved the adoption of the fol- 
lowing : 

Resolved, That the time fixed upon to commenco voting upon the questions before this Conyeh- 
tion be postponed until Monday, February 25th, at 12 o'clock M. 

A motion to lay the resolution on the table was lost by the following 
vote: 

Ayes — Delaware, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Pt'nn;;ylvania, 
Rhode Island, Tennessee, and Virginia — 10. 

NoEB— Counecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New York, New Hamp- 
shire. Ohio, and Vermont — 10. 

The resolution was withdrawn, and Mr. Chase, of Ohio, offered tlio samo 
resolution. 

Mr. Backus, of Ohio, offered the following substitute: 

Resolved, That the resolution heretofore passed, limiting debate on amendments that shall be 
offered to the report of the Grand Committee, be so amended as to allow the delegates who may 
desire to speak not exceeding ten minutes on each amendment. 

Mr. Chase accepted this in substitution of his own. 
. A motion by Mr. Wickliffe to lay on the table resulted in the following 
vote: 

Ayes— Delaware, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Rhode Island, 
Tennessee, and Virginia — 9. 

Noes— Counecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New York, New Ilamp- 
ihire, Ohio, Pennsylvania, and Vermont — 11. 

The Convention refused to lay on the table. 

The question recurring as to'^the adoption of said resolution, tho same 
prevailed by the following vote. 

Ayes— Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New York, New Hamp- 
shire, Ohio, Pennsylvania, and Vermont — 11. 

Noes- Delaware, Kentucky, xMaryland, .Missouri, New Jersey, North Carolina. Rhode IsL'^nO, 
Tennesste, Virginia — 9. 

Mr. Summers, from the Committee on Credentials, reported that tho 
credential of J. C. Stone, as delegate from Kansas, had been duly submit- 
ted to them, examined, and approved, and he was reported as a delcgato 
from that State. 

Tho order of the day being tho report of the Committee on Propositions 
and Resolutions, the Convention proceeded to tho consideration of the 
same durinir the time allotted. 



48 PEACE CONFERENCE REPORT. 

Ml*. Field, of New York, rose to a, question of privilege in regard to tlio 
adoption of the report of the Committee on Credentials, admitting the 
member from Kansas. 

Mr. F. -suggested that ho was informed that the credential was issued by 
those not authorized to do so. 

Mr. F. moved a reconsideration of the agreement to said report. 

The motion was carried by the following vote: 

Aye? — Delaware, Kentucky, IMarvland, Missouri, New Jersey, North Carolina, Pennsylvania, 
Rhode Island, Tennessee, Virginia — 10. 

Noes — Connecticut, Illinois, Indiana, Maine Massachusetts, New York, New Hampshire, 
Ohio, Vermont — 9. 

By general consent the delegate fi'oni lov.^a was asked to make his own 
statement as to the authenticity of said instrument. 

Mr. Stone stated that the credential was regularly issued, and the axithor- 
ities who executed the same were, under the Constitution of Kansas, the 
proper authorities; that neither the instrument nor the appointment had 
been questioned. 

Mr. Field, of New York, moved the adoj^tion of the following: 

Resolved, That tho credentials of Mr. Stone, who desires to act as a Commissioner from Kan- 
sas, be rei'erred back to the Committee on Credentials, to report the facts concerning his appoint- 
ment, and whether it proceeded from the Territorial Secretary. 

Which resolution was carried. 

According to previous order, the Convention proceeded to consider and 
v^te on the report of the committee of one from each State, as submitted 
by Mr. Guthrie, and the amendment submitted. 

The question being on the adoption of the first section of said report, as 
follows : 

ARTICLE XIII. 

Section 1. In all the present territory of the United States, not embraced within the limits of 
the Cherokee treaty grant, north of a line from east to west on the parallel of 36 degrees .30 
minutes north latitude, involuntary servitude, except in punishment of crime, is prohibited whilst 
it shall be under a territorial government ; and in all the present territory south of said line, the 
stitus of persons owing service or labor as it now exists shall not be changed by law while such 
territory shall be under a territorial government ; and neither Congress nor the territorial gov- 
ernment shall have power to hinder or prevent the taking to said territory of persons held to 
labor or involuntary service, within the United States, according to the laws or usages of the 
State from which such persons may be taken, nor to impair the rights arising out of said rela- 
tions, vihich shall be subject to judicial cognizance in the federal courts, according to the com- 
mon law; and when any territory north or south of said line, within such boundary as Congress 
may prescribe, shall contain a population required for a member of Congress, according to the 
then federal ratio of representation, it shall, if its form of governmint be republican, be admit- 
ted into the Union on an equal footing with the original States, with or without involuntary ser- 
vice or labor, as the constitution of such new State may provide. 

Section 2. Territory shall not be acquired by the United States, unless by treaty; nor, except 
for naval and commercial stations and depots, unless such treaty shall be ratified by four fifths of 
all the members of the Senate. 

Section 3. Neither the Constitution nor any amendment thereof shall be construed to give 
Con"-ress power to regulate, abolish, or control, within any State or Territory of the United 
States, the relation established, or recognized by the laws thereof touching persons bound to 
labor or involuntary service therein ; nor to interfere with or abolish involuntary service in the 
District of Columbia, without the consent of Maryland and without the consent of the owners, 
or making the owners who do not consent just compensation ; nor the power to interfere with or 
prohibit representatives and others from bringing with them to the city of Washington, retain- 
ino- and taking away, persons so bound to labor; nor the power to interfere with or abolish invol- 
unlarv service in places under the exclusive jurisdiction of the United States within those States 
and Territories where the same is established or recognized; nor the power to prohibit the 
removal or transportation, by land, sea, or river, of persons held to labor or involuntary service 
in anv State or Territory of the United States to any other State or TeiTitory thereof where it is 
established or recognized by law or usage; and the right during transportation of touching at 
ports, shores, and landings, and of landing in case of distress, shall exist. Nor shall Congress 
Lave power to authorize any higher rate of taxation on persons bound to labor than on land. 



PEACE CONFERENCE REPORT. i.% 

SF.(moN 4. The thinl parairraph of tlio secoiul section of tlic fomlli article of tlic C'ntistitutioi 
Bliall not beeoustriied to prevent any of llie Slates by ajipropiiate ligislation, an.l tlirou^'h tli« 
action of tlieir judicial ami uiini.-;tcrial oflicers, from enforcing the Uelivery of fugiii»e.s from 
labor to the person to whom such service or labor is tluc. 

Skction 5. The foreign slave trade and the inijiortation of slaves into the United States and 
tlieir TeiTitories, from places beyond the present limits thereof, are forever prohibited. 

Skction 6. The lirst, third, and fifth sections, together with this section six of these amend- 
ments, and the third paragraph of the second section of the first article of the Constitution, and 
the third paragraph of tlie second section of the fourth article thereof, shall not be amended or 
abolisliod without the consent of all the States. 

SrcTioN 7. Con^ress shall provide by law that the United States shall pay to the owner th« 
full value of his fugitive from labor, in all cases where the marshal, or other odicer, whose duty 
it was to arrest such fugitive, was prevented from so doing by violence or intimidation from 
mobs or riotous assemblages, or when, after arrest, such fuj;itivc was rescued by force, ami tha 
owner thereby prevented and obstructed in the pursuit of his remedy for the recovery of such 
fugitive. 

Mr. Soddon, of Viri!;ini:i, inovtMl to amend tlio 1st section of said i-eport 
b}' insei-tini>: after the word line, in clause "and in all the present territory 
south of said line,"' found in the r)th line, the following words, '• including 
the Cherokee grant." 

Mr. Fowler, of New Hampshire, moved to amend the amendnu'nt of Mr. 
Rcddon, by substituting the word e.fdi'tli/uj for inrladliKj, Avhieh prevailed 
by the following vote : 

Ayes — Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New York, New Ilamp- 
Bliire, Ohio, Pennsylvania, Vermont — 11. 

]VoKs— Delaware, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Rhode Island, 
Tennessee, Virginia — 'J. 

The question recurring on the adoption of the amendment of Mr. Sed- 
don, as amended, the same was lost by the following vote : 

AvES— Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New York, New Ilamp- 
ehire, Ohio, and Vermont — Id. 

Noes— Delaware, Kentucky, Maryland, Missouri, New Jereey, North Carolina, Pennsylvania^ 
Rhode Island, Tennessee, and Virginia — 10. 

The question recurring as to the adoption of the original report — 
Mr. lieid, of North Carolina, moved to amend said lirst section, in th« 
seventh line, by inserting after the word ''line," at the end of the claut^e, 
"and in all the present territory south of said line," the Avords, "involun- 
tary servitude is recognized, and property in those of the African race held 
to service or labor in any of the .States of the Union, when removed to 
such territory shall be protected, and" — which amendment was lost b}- th« 
following vote: 

Ayes — Virginia, North Carolina, and Missouri — 3. 

Noes— Maine, New Ilampshirc, Vermont, Massachusetts, Rhode Island, Connecticut, New- 
York, New Jersey, Pennsylvania, Delaware, Maryland, Tennessee, Kentucky, Ohio, Indiana* 
Illinois, and Iowa — 17. 

The following gentlemen, dissenting from the vote of their States, asked 
to have their names recorded as voting: Mr. Clay and Mr. J3utler, of 
Kentucky, and Mr. Dent, Maryland, aye. 

The quVstion recurring on the original section as reported, Mr. Franklin^ 
of Pennsvlvania, movcd'to amend the first section by striking out there- 
from all after the words "United States" in the first line, and insert in 
place thereof — 

"Not embraced bv the Cherokee treaty, north of the parallel of thirty-six degrees and tliirtj 
minutes of north latitude, iuvoluutarv servitude, except in punishment of crime, is prohibited. 
In all the present tenitorv south of that line, the status of persons held to service or labor, as it 
DOW exists, shall not be changed; nor shall any law be passed to hinder or prevent the taking uf 
fiuch persons to said territorv, nor to impair the rights arising from said relation; but the same 
shall be subject to judiciarcognizance in the federal courts, according to the common law. 
7 



1^ PEACE CONFERENCE REPORT. 

When any territory north or goulli of said lino, witliin such boundary as Congress mny prescribe, 
jshal! contain a population equal to that required for a member of Congress, it sluill, if its form 
of govcniment be republican, be admitted into the Union on an equal footing with the original 
States, with or without involuntary servitude, as the constitution of such State may provide." 

Mr. Curtis, of Iowa, moved to amend the amendment of Mr. Franklin 
hj striking out all after the word "prohibited," (found in the third line,) 
down to, and including, the words "common law," (found in the eighth 
line,) and inserting in the place thereof, "but this restriction shall not 
apply to territory now held south of that lino." 

Pending the consideration of which, the Convention adjourned to ten 
•'clock, the 23d of February. 



Washington City, February 23t/, 18G1. 

Convention met pursuant to adjouimment. 
President Tyler in the chair. 

The proceedings were opened by prayer from the Eev. Dr. Butler. 
Mr. Vandever, of Iowa, offered and moved the adoption of the follow- 
ing: 

Rcsohrd, That whatever may be the ultimate determination upon the r.mondmfnts of the 
Federal Constitution, or other propositions for adjustment approved by this Convention, we, 
Ihe members, do recommend our respective States and constituencies to faithfully abide in tha 
Bniou. 

It was moved to lay the resolution on the table, and resulted in the fol- 
lowing vote : 

Ayes — Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Caro- 
lina, Tennessee, Kentucky, Missouri, Ohio — 11. 

Noes — Maine, New Hampshire, Vermont, Massachusetts, Connecticut, New York, Inaiaua, 
Eliuois, Iowa — i). 

So the resolution was laid on the table. 

The Convention proceeded to the consideration of the order of the day, 
being Mr. Curtis' amendment to Mr. .Franklin's amendment to the first 
section of tlie report of the Committee on Propositions and Pcsolutions. 

The question on the adoption of said amcndmentof Mr. Curtis to strike 
•ut and insert, being taken, resulted in the following vote: 

Ayes — Maine, Vermont, Massachusetts, Connecticut, New York, Iowa — 6. 
Noes — New Hampshire, Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland, Vir- 
ginia, North Carolina, Tennessee, Kentucky, Missouri, Ohio — 12. 

So the amendment was not agreed to. 

The following gentlemen dissented from the vote of their States : 

Amos Tuck, of New Hampshire. 

Erastus Corning, of New York. ' . 

Francis Granger, of New York. 

Greene C. Bronson, of New York. 

William E. Dodge, of New York. 

David Wilmot, of Pennsylvania. 

C. P. Wolcott, of Ohio. 
Mr. Bronson moved the adoption of thei following : 

Resolved, Whereas, John E. Wool, a delegate from New York, is unable to attend the Con- 
vention from sickness, therefore, that he be permitted, when he does attend, or by commuuica- 
<iion to the Secretary in writing, to have his dissent recorded as to any vote of his State. 

Agreed to unanimously. 



PEACE CONFERENCE REPORT. -51 

The question recurring as to tho adoption of the amondmcnt of Mr. 
Franklin : 

Tho I'ullowing amoiulnients wore proposed and accepted by ilr. Frank- 
lin : 

1st. In tho r)th line, after the word pa-'^seAl, (occurrini^ in tho clause, "nor 
Bhail any law bo passed,") insert the words, '-by Congress or tho Territo- 
rial Lonislature." 

2d. In the (Uh lino, after the word "persons," (occurring in the clause, 
"tho taking of such persons,') insert, "from any of the States of this 
Union." 

od. In the Sth line, before th.e words "common law," (occurring in th« 
cdanso, "according to the common law,") insert the words "course of the.*' 

Mr. James moved to amend Mr. Franklin's amended proposition, in the 
5th line, by inserting tho words "nor facilitate," after tho word "prevent," 
(occurring in the clause, "t/j hinder or prevent.") 

Tho question, on agreeing to said amendment, resulted in the following 
vote: 

AvKS— Maine. New ITimpsliire, Vermont, Massachusetts, Rhode I:=hind, Connecticut, New- 
York, liuli;in;i. Illinois, Iowa — 10. 

NoKs— New Jer.-ey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, 
Kentucky, Missouri, Ohio — 10. 

So the amendment was not agreed to. 

Mr. AVilmot moved to amend Mr. Franklin's proposition, in the 4th line, 
by inserting the word "legal" before tho word "status," (occurring in the 
clause, "the status of persons held to service.") 

The question on agreeing to said amendment resulted in tho following 
vote : 

Ayes— M lino, New Hampshire, Vermont, Massachusetts, Connecticut, New York, Indiana 
Illinois, Iowa — 9. r. • • xr i r> 

N,, KB— Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Caf- 
olina, Tennessee, Kentucky, Missouri, Ohio — II. 

»So the amendment was not agreed to. 

Mr. Turner movc-d to amend Mr. Franklin's amendment in the oth line, 
by inserting the word "encourage" after the word "prevent," (occurring in 
tho clause, "hinder or prevent the taking of such persons.") 

The question on agreeing to said amendment resulted in the following 
vote : 

Ayes— Maine, New 11 imp^hire, Vermont, Massachusetts, Rhode Island, Connecticut, New- 
York, Intiiana, Illinois, Iowa — lO 

N,^Ps_>^ew Jersey, P.Minsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, 
-Kentucky, Missouri, Ohio — 10. 

So the amendment was not agreed to. 

Mr. Goodrich, of Massachusetts, moved to amend Mr. Franklin's amcnd- 
mont, by striking out from the first line, tho words following: "not em- 
braced by tho Cherokee treaty." 

The question on agreeing to said amondmont resulted in the following 
vote : 

Ayes— Maine, New Hampshire, Vermont, Massachusetts, Connecticut, New York. Pennsyl- 
vania, Ohio, Indiana, Illinois, Iowa — II. 

Noes— Rhode Island, New Jersey, Delaware, Maryland, Virginia, North Carolina, Tennessee, 
Kentucky, Missouri — "J. 

8o tho amendment was acrroed to. > 

Mr. Seddon, in behalf of President Tyler, moved to amend the amend- 
ment of Mr. Franklin, by inserting at the close of said amendment, so &s 
to follow after the clause relating to division of territory, tho following: 



52 PEACE CONFERENCE REPORT. 

All appointments to office in the territories Ij'ing north of the IJne 36 degrees and 30 minutes, 
as well before as after the establishment of Territorial governments in and over the same, or 
any part thereof, shall be made upon the recommendation of a majority of the Senators repre- 
senting at the time the non-slaveholding States. And iu like manner, all appointments to office 
in the territories which may lie south of said line of 36 degrees and 30 minutes shall be made 
upon the recommendation of a majority of the Senators representing at the time the slavehold- 
io"- States. But nothing in this article'shall be construed to restrain the President of the United 
States from removing, for actual incompetency or misdemeanor in office, any person thus ap- 
pointed, and appointing a temporary agent, to be continued in office until the majority of Sena- 
tors as aforesaid may present a new recommendation, or from tilling any vacancy which may 
occur during the recess of the Senate, such appointment to continue ad interim. And to insure 
on the part of the Senators the selection of the most trustworthy agents, it is hereby directed that 
all the net proceeds arising from the sales of the public lands shall be distributed annually 
amon"- the several States, according to the combined ratio of representation a)id taxation ; but 
the distribution aforesaid may be suspended by Congress in case of actual war with a foreign 
nation, or imminent peril thereof. 

Ey unanimous consent, the rule was suspended in reference to the ten 
minute rule in behalf of Mr. Tylei-, (President,) who proposed to address 
the Convention. 

The question on agreeing;- to the proposed amendment of Islv. Seddon. 
-was, on motion, divided, and the vote on the tirst part resulted as follows: 

Ayes — Maryland, Virginia, North Carolina, Kentucky, Missouri — 5. 

]SfoEs — Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Co:mecticut, New 
York, New Jersey, Pennsylvania, Tennessee, Ohio, Indiana, Illinois, Iowa — 14. 

So the first part of the proposed amendment was not agreed to. The 
gecond part was withdrawn. 

The following gentlemen dissented from the vote of their State : 
Eeverdy Johnson, of Maryland. 
Jno. W. Crisfield, of Maryland. 
Mr. McCurdy moved to amend the amendment of Mr. Franklin, by 
adding at the end thereof the words following: 

Provided, That nothing in this article shall be so construed as to carry any law of involuntary 
servitude into such Territory. 

The question on agreeing to said amendment rcsidted in the following 
vote : 

Ayes Maine, New Hampshire, Vermont, Massachusettg, Connecticut, New York, Iowa — 7 

Noes — Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Caro- 
lina, Tennessee, Kentucky, Missouri, Ohio, Indiana, Illinois— 13. 

So the amendment was not agreed to. 

The following gentleman dissented from the vote of his State: 

Mr. Orth, of Indiana. 
Mr. Chase moved that the Convention adjourn to. Monday. 
The question on agreeing to said motion resulted in the following vote : 

j\yes — Maine, Massachusetts, Connecticut, New York, Indiana — 5' 
■ Noes— New Hampshire, Vermont, Rhode Island, New Jersey, Pennsylvania, Delaware, Mary- 
land, Virginia, North Carolina, Tennessee, Kentucky, Missouri— 12. 

So the Convention refused to adjourn. 

The question recurring on Mr. Franklin's amendment as amended, was 
determined by the following vote: 

Ayes Maine, New Hampshire, Vermont, Rhode Island, Connecticut, New York, New Jersey, 

Pennsylvania, Delaware, Maryland, Kentucky, Ohio, Indiana, Illinois— 14. 
Noes — Virginia, North Carolina, Tennessee, Missouri — 4. 

So the amendment of Mr. Franklin was agreed to. 

It was agreed unanimously, that President Tyler inform the Hon. A, 
Lincoln, (President elect of the United States,) that tlie members of this 
Convention would be happy to wait upon him at such time as woald suit 



PEACE CONFERENCE REPOKT. 53 

Ills eonvcnicneo, and (hut the President inform this Convention of tlie 
result. 

On motion of Mr. Logan, the Convention adjourned to 7A P. M., Feb- 
niarv 2:?. 



Saturday Evening, 7^ o'clock. 

The Convention met pursuant to adjournment. 

Mr. Summers, from the Committee on Credentials, to whom ^vas reeom- 
mitted the report of said committee, as to J. C. Stone as a delegate from 
Ivansas, reported the san\e back Avithout amendment, and recommen-ded 
the admission of said member; which was agreed to. 

Mr. Summers, from the same committee, made u further report, that the 
credentials of the gentlemen hereafter named had been duly submitted to 
and examined b}' said committee, and Avere approved by them, and they 
reported and recommended them to be admitted us delegates: 
M. F. Conway, from Kansas. 
Henr}- J. Adams, from Kansas. 
Thos. Ewing. jr., from Kansas. 

Which Avas agreed to. 

The Convention jn-oeeedcd to the consideration of the order of the day, 
lieing the ado])tion of the 2d section of the report of Mr. Guthrie, from the 
Committee on Propositions, &c. 

Mr. Summers, of Virginia, moved the adoption of the following as an 
amendment: To strike out all of said section, and in place thereof, insert 

No territory shal! be acquired by the United State? without the concurrence of a majority of 
■all the Senators from Stites which allow involuntary servitude, and a majority of all the Sena- 
tor, from States wliicl\ proliibit that relation; nor shall territory be ac(|uired by treaty, unless 
the votes of a majority of the Senators from each class of States hereinbefore mentioned, be cast 
as a part of the two-third majority necessary to the ratification of such treaty. 

Mr. Johnson, of Maryland, moved to amend the same by inserting, after 
the words "United States," in the first line, the words, "except by discov- 
ery, and for naval and commercial stations, depots, and transit routes." 

Which was accepted b)'' Mr. Summers. 

The question on the adoption of said amendment of Mr. Summers 
resulted in the following vote: 

AvEs — Rhode Island, New Jersey, Delaware, Maryland, Virginia, North Carolina, Tenne-sce, 
Kentucky, Mij^souri — 9. 

NoE> — Maine, Vermont, Massachusetts, Connecticut, New York, Pennsylvania, Indiana, Illi- 
nois. Iowa, Kansas — 10. 

So the amendment was not agreed to. 

Mv. Guthrie, of Kentucky, moved the adoption of the following as an 
amendment; to strike out the second section, and substitute in place the 
following: 

'• Territory mav be acf|nired for naval and commercial stations, depot."?, and tran.-it routes, and 
by discovery, and for no other purposes, without the concurrence of four fifths of the Kenate." 

The question on the adoption of Mr. Guthrie's amendment resulted in 
the following vote: 

Ayes — New Ilamp-hire, Rliode I-land, Connecticut, New Jersey, Pennsylvania, Delaware, 
Maryland, Tennessee, Kent\K-ky, Ohio — 10. 

Noes — Maine, Vermont, M.issachusetts, New York, Virginia, North Carolina, Missouri, Indi- 
ana, Illinois, Iowa — 10. 

So the amendment was not aijreed to. 



§4 PEACE CONFERENCE REPORT. 

The following gentleman dissented from the vote of his State: 
E. M. Price, of New Jersey. 

Moved that the order of the day be suspended, in order to hear the 
report of the President in regard to the reception of Mr. Lincoln, the Pres- 
ident elect. 

Mr. Tyler informed the Convention that he had, according to request, 
communicated with Mr. Lincoln, tiie President elect, and that at nine 
o'clock, or any time thereafter, he would be happy to receive the members 
of the Convention. 

Mr. Wickliflfe, of Kentucky, moved that a committee of three be 
appointed by the President to make arrangements for the reception of the 
members of the Convention. 

The President appointed as such committee: 

Mr. Wickliife, of Kentucky; Mr. Field, of Kew York; Mr. Cha.se, of 
Ohio. 

Mr. McKennan, of Pennsylvania, moved a reconsideration of the vote 
on the amendment of Mr. Summer.s. 

Pending which, the proceedings were suspended to hear the report of 
the committee to ai-range for the reception of the members of the Conven- 
tion b^' Mr. Ijincoln, the President elect. 

Mr. Field, in behalf of said committee, reported that Mr. Lincoln was 
then desirous of receiving the members of the Convention, at his parlor. 

Mr. £\ving moved that the Convention adjourn to Monday, at 10 o'clock, 
A.M. 



Washington City, Fehmary 25, 1861. 
The Convention met pursuant to adjournment. President Tyler in the 

The proceedings were opened by prayer from the liev. JMr. Smith. 

The journal of the 23d was read and approved. 

Mr. ilackleman, on behalf of Indiana, asked to record the vote of that 
State on the amendment of Mr. Curtis, voted on on the 23d inst. 

Leave was granted. Voted: recorded as of that day. 

The President informed the Convention tliat he had received certain 
resolutions, purporting to emanate from the Democratic State Convention 
of Pennsylvania, which he was asked to present, which he accordingly did, 
and requested to know what action the Convention would take on the 
game. 

Mr. Clay, of Kentucky, stated, that as the Convention had not received 
or acted on any mere party proposition, he moved to lay the proceedings 
on the table. 

"Which was agreed to. 

Mr. Brockenbrough, of Virginia, presented certain amendments, which 
he proposed to olfer'at the proper time, and which he road and asked to 
have printed. 

(These have not been sent to the Secretary.) 

The order of the day being the reconsideration of the vote taken on the 
23d on the amendment proposed by Mr. Summers, the same, by general 
consent, was passed informally for the present, subject to call. 

The Convention proceeded to the consideration of the third section of 
Mr. Guthrie's report. 



PEACE CONFERENCE REPORT. 5S 

Mr. Cliitliric rnovccl to tinicnd said report, in the l'>lh lino (jf thin report, 
by strikini;' out the words, "by land, soa, or river." 

"Which was agreed to. 

Mr. tiuthric moved to amend tl\e same section, in tlie IHth line of thii 
journal, after the Avord 'transportation," and insert '-by sea (jr river." 

Which was aij;reed to. 

^rr. Ilitchcoclv, of Ohio, moved to amend said section by strikini; out 
all after the woi-d "give," in the 2d line of this journal, and insert: 

Strike out Section 3, and insert tlie three following : 

Section '^. Neither the Constitution, nor any amendment thereof, fhall be construed to pive t» 
Congress power to rcculate, abolisli, or control, wiihin any State, tlie lelatiuns establislicd op 
recognizeii by the law.^ thereof, touchin£: ijersons IitUl to service or labor theicin. 

Section 4. Ci>n.n;ress shall havo no power to discharge any peison iield to service or labor ia 
the District of Coiumbia, under the laws thereof, from such service or labor, or to impair anj 
rights pertaining to that relation under the laws now in force within the said District, while such 
relation shall exist in the State of Maryland, without the consent of said State, and of those to 
whom the service or labor is due, or making to them ju-t compensation therefor ; nor the power 
to iuteri'ere with, or prohibit, members of Congress, and oflicers of tlie ['Y'dcral Governinent, wliosa 
duties re<inire them to be in said District, from bringinsr with them, for personal service only, re- 
taining, and taking away persons so held to service or labor ; nor the power to impair or abolisli 
the relations of persons owing service or labor in places under the exclusive jurisdiction of tha 
United S'ates, within those States and Territories where such relations are established or recog- 
nized by law. 

Section f). Congress shall have no power to prohibit the removal or transportation of persona 
held to labor or service in any State or Tonilory of the United State-, to any State or Territorj 
thereof, wliere the same obligation or liability to labor or service is established or recognized bj 
law ; and the right during such transportation, by sea or river, of touching at ports, shores, and 
Landings, and of landing in case of distress, shall exist ; nor shall the Congress have power lo au- 
thorize any higher rate of taxation on persons held to service or labor than on land. 

Strike out Section 7, and insert — 

Section 9. Congress shall provide by law, that in all cases where the marshal, or other ofTrcer, 
whose duty it shall be to a*Tcst any fugitive from service or labor, shall ba prevented from sa 
doing bv vioh-nce of a mob or riotous assemblage, or where, after arre>t, such fugitive shall b« 
rescued by like violence, and the party to wlioin such service or labor is due shall thereby be 
deprived of the same, the United States shall pay to such p.irty the full value of such service or 
labor. 

Mr. Janies moved to amend the amendmout of Mr. Hitchcock by strik- 
ing out, and inserting : 

1st. No amendment shall be made to the Constitution which will authorize or give to Congresi 
the power to .bolish or interfere, within any State, with the domestic institutions thereof, includ- 
ing that of persons held to labor or service by itie laws of said State. 

The question on the adoption of said amendment resulted in tlie follow- 
ing vote : 

AvEs— Miine, New Hampshire, Vermont, Massachusetts, Connecticut, New York, Indi- 
ana — 7. ^ 

Noes— Rhide I-land, New Jersey, Pennsylvania, Del iware, Maryland, Virginia, ^orth Caro- 
liua, Teiuics-ee, Kentucky, Missouri, Ohio, Illinois, Kansas — 13 

So the amendment was not agreed to. 

Mr. Wood dissented from the vote of his State. 

Mr. Baldwin moved to amend the amendment of Mr. Ilitchcock by 
fitriking out the words, "nor shall Congress have the power to aiit!ioriz« 
any higher rate of taxation on persons held to service or labor than on 
land " 

Mr. II. withdrew his proposed amendment for the present. 

Mr. Sedrlon moved to amend the third section of the original report in 
the third line, by inserting after the word "State," the words, "obstruct, 
hinder, or prevent." 



56 PEACE CONFERENCE REPORT. 

The question on the adoption of this amendment resulted in the follow- 
ing vote : 

Ayes — Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri — 6. 
Noes — Maine, New Hanipsiiire, Vermont, Massachusetts, Rhode Island, Connecticut, New 
York, New Jersey, Pennsylvania, Delaware, Ohio, Indiana, Illinois, Kentucky — 14. 

So the amendment was not agreed to. 

Mr. Seddon moved to amend the third section of the report b}' striking 
eut the "City of Washington," in the ninth line, (this report.) and insert 
"District of Columbia." 

Which was agreed to. 

Mr. Seddon offered to amend the third section of the report by inserting 
the words -'and Virginia," after the words "District of Columbia," in tha 
ninth line, (of this report,) as substituted as per last agreement. 

The cjuestion on agreeing to said amendment resulted in the following 
Tote : 

Ayes — Maryland, Virfrinia, North Carolina, Tennessee, Missouri — 5. 

Noes — Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New 
York, New Jersey, Pennsylvania, Kentucky, Ohio, Indiana, Illinois, Kansas — 14. 

So the amendment was not agreed to. 

Mr. Seddon moved to amend the third section by inserting after the 
word "exist," in the seventeenth line (of this report,) these words : "And 
if the transportation be by sea, the right of property in the person held to 
service or labor shall be protected by the Federal Government as other 
property." 

The question on agreeing to said amendment resulted in the following 
rote : 

Ayes — Virginia, North Carolina, Tennessee, Missouri — 4. 

Noes — Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New- 
York, New Jersey, Pennsylvania, Delaware, Maryland, Kentucky, Ohio, Indiana, Illinois, Iowa, 
Kansas — 17. 

So the amendment was not agreed to. 

The following gentlemen dissented from the vote of their State : 

Mr. Doniphan, Mr. Johnson, of Missouri. . 

Mr. Dent, Mr. Crisfield, of Maryland. 

Mr. Clay, Mr. Butler, of Kentucky. 
Mr. Seddon moved to amend the third section by inserting after the* 
word "exist," in the seventeenth line, as above, the following: 

"And the rights of transit by persons holding those of the African race to labor or service, 
in and through the States not recognizing the relations of persons held to labor or service, in 
passing with them from one State or Territory recognizing such relations to another, shall be 
secure." 

The question on agreeing to said amendment resulted in the following 
rote: 

Ayes — Virginia, North Carolina, Kentucky, Missouri — 4. 

Noes — .Maine, New Hampshire, Vermont,, Massachusetts, Rhode Island, Connecticut, New 
York, New Jersey, Pennsylvania, Delaware, Maryland, Tennessee, Ohio, Indiana, Illinois, Iowa, 
Kansas — 17. 

So the amendment was not agreed to. 

Mr. Seddon moved to amend the third section by inserting in the fourth 
line, (of this report,) after the word " touching," tlie following words: "The 
relations existing between master and slave." 

The question on agreeing to said amendment resulted in the following 
TOte: 

Ayes — Virginia, North Carolina, Missouri — 3 . 



PEACE CONFERENCE REPORT. 57 

Nors- — ^.Inine, Ni-w Il.impsliiro, Vermont, Miis^nclmsctts, Rliodc Ishuid, ConnccticiO, Ni-w 
Ymk, N\\v Joist'v, reiiiisylviiiiia, Delaware, Maryland, Tennessee, Kentucky, Ohio, Indiana, 
Illinois, Iowa, Kansas — 18. 

So tlu" aiuoiKlmciit was not agreed (o. 

The luUowiiig gentlemen dissented IVoin the vote of tl\eir Stute : 
Mr. Alexander, of New Jersey. 
Mr. J)ent, of ^laryland. 
Mr. Clay, of Kenhicky. 
Mr. TTall, of Vermont, moved to amend the third section of said i-eport 
in the lOtli line, (this report,) b}' striking out the word ^'nor," and insert- 
ing in place thereof, '-but the bringing into said District of persons held 
to service for the purjiose of being sold, or placed in depot to be afterwards 
transferred to any other place to be sold as merchandise, is foi-evcr pro- 
hibited, and Congress may pass all necessary laws to make this prohibition 
otfectual; nor shall Congress have" — 

The question on agreeing to said amendment resulted in the following 
vote : 

Ayks — ]\Taine, New Ilampshiro, Vermont, Massachusetts, Connecticut, New York, Ohio, 
Intliana, Illinois, Iowa, Kansas — II. »• 

Noes — Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Car- 
olina, Tennessee, Kentucky, Missouri — 10. 

So the amendment was agreed to. 

The following gentlemen dissented from the vote of their State: 

Mr. Hoppin, Mr. Brown, of Ithode Island. 
Mr. McCui'dy, moved to amend said third section, by inserting, at the 
close thereof, the following words: 

" Provided, that nothing in this section shall be so construed as to prevent any f?tate in wjiich 
involuntary servitude is prohibited, from restraining by law the transfer of such persons, or of 
finy right or interest in tlieir services, from one individual to another, within the limits of such 
State." 

The (piestion on the adoption of said amendment resulted in the follow- 
ing vote: 

Ayes — Maine, New Hampshire, Vermont, Massachusetts, Connecticut, New York, Ohio, In- 
diana, Illinois, Iowa, Kinsis — 11. 

Noes — Rhode Island, New Jersej-, Pennsylvania, Dolaw-are, Maryland, Virginia, North Caro- 
lina, Tennessee, Kentucky, Missouri — 10. 

So the amendment was agreed to. 

The following gentlemen dissented from the vote of their State : 
Mr. Logan, of Illinois. 
Mr.' Palmer, of Illinois. 

Mr. Turner moved a reconsideration of the above vote, which was 
agreed to. The immediate consideration of said question was passed. 

Mr. Hitchcock proposed to insist on his amendment. 

Mr. Brown moved to lay the amendment of Mr. Hitchcock on the 
table. 

Which was agreed to. 

Mr. Baldwin moved to strike out all after the word "exist," in the ITth 
line. 

AVhich was not agreed to. 

Mr. Bates, of Delaware, moved to amend said section b}' striking out the 
word ••l);)u:iii." where it occurs in the -1th, lOtli, 19th lines, or otlier places, 
and insLTt '-held;" also to insert, alter the Avord "held," tlu; words "or 
service." 

Which were agreed to^ 

8 



58 " • TEACE CONFERENCE EEPORT. 

Mr. Groesl)eck moved to aiiienJ said .Id section bj striking out the same, 
and inserting in place thereof the following: 

Section 3. Congress shall have no power to abolish or control within any State tlie relations 
establishid or recognized by the laws thereof, respecting persons held to sei'vice or labor tlierein. 

Section 4. Congress shall have no power to legislate respecting the relation of service or labor 
in phices under its exclusive jurisdiction, but within States where tliat relation is establislied or 
recognized, and while it continue?, without the consent of such States; nor aboli.-h or impair 
such relation in the Districcof Columbia, without the consent of JMaryland, and compensation 
to persons to whom such service or labor is due. 

Section 5. Congress shall have no power to prohibit the removal, from any State or Territory, 
of persons held to service or labor therein, to any other State or Territory in which persons are 
80 held ; and the right, during removal, of touching at ports, shores, and landings, and of land- 
ing in case of distress, shall exist, but not the right of transit in or through any'State or Terri- 
toi-y witiiout its consent. No higher rate of taxation shall be imposed on persons so held than 
on land. 

The question on the adoption of said amendment resulted in the follow- 
ing vote : 

Ayes— New Hampshire, Rhode Island, Connecticut, Pennsylvania, Delaware, Ohio, Indi- 
ana — 7. 

Noes — Maine, Vermont, Massachusetts, New York, New Jersey, Maryland, Virginia, North 
Carolina, Tennessee, Missouri, Illinois, Kansas — 12. 

So the amendment was not agreed to. 

Mr. Pollock moved to amend said section by inserting after the Avord 
"distress," in the 17th line of this report, " but not for sale or traffic." 

Which was agreed to. 

Mr. Yandever moved to amend said section by adding to the section the 
following : 

Provided nothing herein contained shall be so construed as to prevent any State from prohibit- 
ing the introduction as merchandise of persons held to service or labor, or to prevent such Stats 
from prohibiting the transit of persons so held to service or labor through its limits. 

The (jucstion on agreeing to said amendment resulted in the following 
vote : 

AvES — i\Iaine, Vermont, Massachusetts, Connecticut, New York, Indiana, Iowa — 7. 
Noes — New Hampshire, Rhode Island, New Jersey, Pennsylvania, Delaware, MuiyLrid, Vir- 
ginia, North Carolina, Tennessee, Kentucky, Missouri, Ohio, Illinois, Kansas — 14. 

(So the amendment was not agreed to. 

Mr. Clay, of Kentucky, asked unanimous consent to introduce the Crit- 
tenden propositions. 

Which was not given. 

Mr. G-roesbeck moved to amend said third section by inserting after the 
•word "traffic," the words, '^'but not the right of transit in or througii any 
State or Territory without *its consent." 

Mr. Euffin moved to amend the amendment by substituting in lieu of 
the words, '-without its consent," the words, -'against its dissent." 

Which v.'as agreed to. 

Tiie question on agreeing to the amendment of Mr. Groesbeck resulted 
in the following vote: 

Ayes — Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New 
York, New Jer.-ey, Pennsylvania, Oliio — 10. 

NoKs — Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri, Illi- 
nois — S. 

So the amendment was agreed to. 

The fullowing gentleman dissented from the vote of his State: 
Mr. Alexander, of New Jersey. 



PEACE CONFERENCE REPORT. 59* 

Mr. Crangcr moved that when the Convention adjourns it will adjourn 
to 7.V this evening. 

The question on the adjournment resulted in the fullowing vote: 

Avrs— M.iino, Now flampsliire, Vermont, Massachusetts, Connecticut, Nevr York, Pcuhsyl- 
Tjinia, 'reiine>see, Ohio, Indiana, Illimiis, Iowa, Kansas — 13. 

Nor.s— Rhode Ishmil, New Jersey, Dehnvaie, ftlarylaud, Kentucky, Missouii— G. 

So the Convention agreed to adjourn to 7^, P. M. 

On motion of Mr. Chase, the Convention then adjourned. 

Tlie Convention adjourned to 7^1, P. M. 



Febiutary 25, 7h, P. M. 

The Convention met pursuant to adjournment. 

Mr. Smith, of New York, proposed that a committee of two Lo appointed 
by the Chair to arrange for the printing of the journal. 

The Chair apjKnntcd — 

Mr. Sniith, of Xew York. 
Mr. Howard, of Maryland. 

The Convention proceeded to tlie consideration of the order of the day, 
being the third section of the report. 

Mr. Hitchcock moved to amend the third section hy striking out the 
words Vor territory of the United Stales," in the third line; also to strike 
out in the third and fourth lines, (this report,) the word -involuntary." 

The question on agreeing to said amendment resulted in the following 
vote: 

Ayks— Maine, New Hampshire, Vermont, Massachusetts, Connecticut, New York, Pennsyl- 
vaiiia, Ohii), Indiana, Kentuckv — 10. 

Noes— Rhode Island, New Jersey, Delaware, Maryland, Virginia, North Carolina, lennc.-see, 
Kentucky, Missouri — 9. 

So the amendments were agreed to. 

Mr. Summers called up for consideration the amendment which had 
been proposed by him on the 28d, as amended by Mr. Johnson, to the 
second section, as follows: 

"No territory shall be acquired by the United States, except by discovery and for naval and 
commercial stalions, depots, and transit route.-, without the concurrence of a nii.)or;ty ot all the 
Senators from States which allow involuntary servitude, and a majority of all the benators Ironi 
States which prohibit tliat relation; nor shall territory be actiuirtd by ticaty, un.c-s tlie votes ol 
a majority of tlie Senators from each class of States hereinbefore inentioned bo cast us a part 
of the two third majority necessary to the ratification of such treaty." 

The question on agreeing to said amendment resulted in the following 
vote : 

Ayes— New Hampshire, Rhode Island. New Jersey, Pennsylvania, Delaware, Maryland, Vir- 
ginia, North Carolina, Tennessee. Kentucky, Mi-souri, Ohio — i2. 

Noes— Maine, Massachusetts, Connecticut, Indiana, Illinois, Kansas— 6. 

So the amendment was agreed to. . - 

The Convention proceeded to the consideration of tlie fonrtli section of 

the report. No amendments being proposed, they proceeded to the tilth 

section. , ^ • , i- 

Mr. Seddon, of Virginia, moved to strike out all of said section. 
The question on agreeing to said motion resulted in the following vote : 

Ayes— Virr'inia, North Carolina, Kentucky, Missouri — 4. , . , ^ .• . at 

NoEs-Maine, New Ilamnshire, Vermont, Massachusetts, Rhode Island, Conreoticut, New 

York, New Jersey, Pennsylvania, Delaware, Maryland, Tennessee, Ohio, Indiana, Illinois, Iowa, 

Kansas — 17. 



60 PEACE CONFERENCE REPORT. 

So the Convention refused to strike out. 

Mr. James moved to amend said section by striking out the following 
words: ''Prom places bej'ond the present limits thereof." 

The question on agreeing to said amendment resulted in the following 
vote: 

Ayes — Maine, New Hampsliire, Vermont, M'lssachusettp, Rhode Island, Connecticut, New 
York, New Jersey, Pennsylvania, Delaware, Maryland, Tennessee, Kentucky, Ohio, Indiana, 
Illinois, Kansas — 17. 

Noes — Virginia, North Carolina, Missouri — 3. 

8o the amendment was agreed to. 

Mr. iSeddon, of Virginia, moved to amend said section by inserting, in 
the fore part of said section, the words: '-The Congress shall have power 
to prohibit," and to strike out from the latter clause, the words "and for- 
ever prohibit." t 

The question on agreeing to said amendment resulted in the following 
vote: 

Ayes — Maryland, Virginia, North Carolina, Tennessee, Missouri — 5. 

Noes — Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New 
York, New Jersey, Pennsylvania, Delaware, Kentucky, Ohio, Indiana, Illinois, Iowa, Kansas — 16. 

So the amendment was not agreed to. 

Mr. Donijjhan and Mr. Johnson, of Missouri, dissent from the vote of 
their State. 

Mr. Morehcad moved to amend said section by striking out and insert- 
ing in lieu thereof: 

" The foreign slave trade is hereby forever prohibited; and it shall be the duty of Congress to 
pass laws to prevent the importation of slaves into the United States and their Territories beyond 
ihe limits thereof." 

Mr. Wiekliffe, of Kentuck}', moved to amend said amendment, by 
inserting after "importation of slaves," the words "coolies, or persons held 
to service or labor." 

-Wliich was accepted by Mr. Morehcad. 

The question on agreeing to said amendment of Mr. Morehcad resulted 
in the following vote : 

Ayes — Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, 
Missouri, Ohio, Indiana, Illinois — 11. 

Noes — Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, New York, New 
Jersey, Kansas — 8. 

So the amendment was agreed to 

The following gentlemen disagreed to the vote of their States : 

Mr. Hoppin, of Rhode Island. 

Mr. Orth, of Indiana. 

Mr. Ellis, of Indiana. 

Mr. Stockton, of New Jersey. 

Mr. , of Massachusetts, moved to stril<;e out the whole 

section. 

Tlie question on striking out resulted in the following vote: 

Ayes — Massachusetts, Virginia, Tennessee — 3. 

Noes — Maine, New Hampshire, Vermont, Rhode Island, Connecticut, New York, New Jer- 
sey, Pennsylvania, Delaware, Maryland, North Carolina, Kentucky, Missouri, Ohio, Indiana, 
Iliinois, Iowa, Kansas — 18. 

So the Convention refused to strike out. 

Tlie Convention proceeded to the consideration of the sixth section. 
Xo amendment being proposed, they proceeded to the seventh section. 



PEACE CONFKRKXCE REPORT. 61 

j\Ir. TiinicT, of Illinois, moved the adoption ol' the following anxeiulincnt 
to the seventh section, by strikincj out and inscrtinij: 

"CoiiRrcss shall provide by law for securing to the citizens of each State the privileges and 
immunities of citizens of the several States." 

Mr. Loi^an, of Illinois, moved to amend said amendment by insei-tin<; 
"free white" before the word "citizens." 

The <|uestion on agreeing to stiid amendment resulted in the fulloM'ing 
vote : 

Ayks — New Jersey, Pennsylvania, Dehnvare, Maryland, Virginia, North Carolina, Tennessee, 
Kentucky, Indiiina. Illinois — 10. 

jN,\,j;s_L.^I;ii,iP, jview Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New- 
York, Iowa — b. 

So the amendment was agreed to. 

]\Ir. Orth, of Indiana, disagreed to the vote of liis State. 
The question recurring on the amendment as amended, resulted in the 
following vote : 

Ayes — None. 

Noes — Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New- 
York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, 
Kentucky, Missouri, Ohio, Indiana — l!:*. 

So the amendment was not agreed to. 

Mr. Wilmot moved the adoption of the following as an amendment to 
the seventh section: 

"And Congress shall further provide by law, that the United States shall make full compen- 
sation to a citizen of any State, who in any other State shall suffer, by reason of violence or 
intimidation from mobs and riotous assemblies, in his person or property, or in the dcpri\atiou, 
by violence, of his rights secured by this Constitution." 

Mr. Orth moved that the Convention adjourn, which resulted in the 
following vote : 

Ayes — Maine, Connecticut, New York, Indiana, Illinois, Iowa, Kansas — 7. 
NoEr- — New Hampshire, Vermont, Massachusetts, Rhode Island, New Jersey, Pennsylvania, 
Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri, Ohio — 14. 

So the Convention refused to adjourn. 

The question recurring to agree to the amendment of Mr. "Wihnot, 
resulted in the following vote : 

Ayes — Maine, Vermont, Massachusetts, New York, Pennsylvania, Indiana, Illinois, lowii — 8. 
NoE.s — Rhode Island, Connecticut, New Jersey, Delaware, Maryland, Virginia, North Caro- 
lina, Tennessee, Kentucky, Missouri, Ohio — 11. 

So the amendment was not agreed to. 

]Vrr Barringer moved to amend the seventh section b}' adding at the end 
of this section the words following: 

"And in all cases in which the Uniteil States shall pay for such fugitive. Congress shall also 
provide for the collection by the United Stntcs of the amount so paid, with interest, from the 
county, city, or town, in which such arrest shall have been prevented, or rescue made." 

The question on agreeing to said amendment resulted in the following 
vote : 

AvEs — Virginia, North Carolina, htuI Kansas — 3. 

KoEs— Maine, New Hampshire, ^'e^mimt, Mas>!achusetts, Rhode Island, Connecticut, New 
Yotk, New Jersey, Pennsylvania, Delaware, Maryland, Tennessee, Kentucky, Ohio, Indiana, 
Illinois, and Iowa — 17. 

So the amendment was not agreed to. 

The following gentlemen disagreed to the vote of tlieir States: 
Mr. Kent, of Maryland. 
Mr. Clay, of Keiitucivy. 



62 , PEACE CONFERENCE EEPOET. 

Mr. Frelinghnyseii moved to amend the 7th section "by adding the fol- 
lowing words : 

"Con;rress shall provide by l:iw for securing to the citizens of each State the privileges immu- 
nities of citizens in the several States." 

Tlie question on the adoption of said amendment resulted in the follow- 
ing vote: 

Ayes — Connecticut, Delaware, Illinois, Indiana, Iowa, Maine Massachusetts, Maryland, New 
Jersey, New York, New Hampshire, Ohio, Pennsylvania, Rhode Island Vermont, Kansas — 16. 

Noes — Kentucky, Missouri, North Carolina, Tennessee, Virginia — 4. 

So the amendment v\'as agreed to. 

The following gentleman dissented from the vote of his State : 
Mr. Eoman, of Maryland. 

Mr. Ames, of Massachusetts, moved to amend said section hy striking 
out the word " force," and inserting in place of the same the words : 'dike 
violence and intimidation;" which was agreed to. 

Mr. Orth, of Indiana, moved to amend said section by adding at the 
close thereof the following words: 

"And such fugitive shall then be discharged from such service, after being paid therefor." 

The question on the adoption of said amendment resulted in tlie follow- 
ing vote: 

Ayes — Illinois, IndianR, Iowa, Maine, Massachusetts, New York, New Hampshire, Ohio, 
Feuiisylvania, Kansas — 10. 

Noes — Connecticut, Delaware, Kentucky, Maryland, Missouri, New Jereey, North Carolina, 
Rhode Island, Tennessee, Vermont, Virginia — 11. 

So the amendment was not agreed to. 

Mr. Clay moved to amend said report hy adding as Section 8 the follow- 
ing : 

"The second paragraph of the second section of fourth article of Constitution shall be so con- 
strued that no State shall have the power to consider and determine what is treason, felony, or crime 
in another Stale ; but that a person charged in any Scate with treason, I'elony, or ciime, who 
shall tlee from Justice and be found in another State, shall, on demand of the executive author- 
ity of the State from which he fled, be delivered up, to be removed to the State having jurisdic- 
tion of the crime." 

The question on agreeing to said amendment resulted in the following 
vote : 

Ayes — Kentucky, Missouri, North Carolina, Tennessee, Virginia — 5. 

Noes — Connecticut, Delaware, Illinois, Indiana, Iowa, M line, Massachusetts, M:iryland, New 
Jersey, New York, New Hampshire, Ohio, Penhsylvania, Rhode Island, Vermont, Kansas — 16. 

So the amendment was not agreed to. 

At 2 o'clock, A. M:, Convention adjourned to 11, A. M., on the 2Gth. 



\^AsniNGTON, February 2G, 1861. 

Convention met pursuant to adjournment. 

The order of the day being the reconsideration of the vote on Mr. Orth's 
amendment, 

The question as to the reconsideration of said vote resulted as follows: 

Ayes — Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New York, New Hamp- 
Bbire, Ohio, Vermont, Kansas — 1 1. 

Noes — Delaware, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Pennsylvania, 
Rhode Island, Tennessee, Virginia — 10. 

vSo the vote was reconsidered. 



TEACE C0NF1':RENCE r.EroRT. G3 

Mr. Puickus moved to aiaciul tlic amendment oC Mr. Orlli, by '-iin-^Htut- 
ing tlio lollowing : 

"Ami ilio acceptance of such payment ^lia!I preclude the owner from fuithcr claim to said 
fugitive." 

Tho question on the adoption of the amendment resulted as follows: 

AvEs — Connecticut, Delaware, Illiiioi.s, Iowa, Kentucky, Maine, Ma3snchu.?et(s, Maryland, 
New Joi.^cy, Now York, North Carolina, New liampsliire, Ohio, Pennsylvania, Rhode Island, 
'renne.-scc, Vermont — 17. 

Nots — Indiana, Missouri, Virginia — 3. 

Ro thi amendment was agreed to. 

The following gentlemen dissented from the votes of their States: ^ 

•i\Lr. Dent, Mr. Eoman, of 3Iaryland. 

Mr. Stephens, Mr. Totten, of Tennessee. 
Mr. Bronson, of New York, moved the adoption of the following: 

"Before reaching the final question on the plan to be submitted to Congre^-s, no member shall 
be allowed to speak more than three minutes on any proposition." 

Whieli was laid on the table. 

Mr. Field moved to amend said report by adding tho following: 

Skction 8. The union of tlie States under the Constitution is indissoluble, and no State can 
secede from the Union, or nullify an act of Congress, or absolve its citizens from their paramount 
ebligation of obedience to the Constitution and laws of the United States. 

Mr. Ewing moved to lay the same on the table: which was agreed to. 
Mr. Field moved to amend the seventh section by striking out and 
inserting the following: 

Article 1. No State shall withdraw from the Union without the consent of all the States, 
given in a Convention of the States, convened in pursuance of an act passed by two thirds of 
each House of Congress. 

Mr. Clay raised a point of order as to this proposed amendment, and 
ptated the' point of order to be that the amendment was not gcrmain to 
the .subject-matter of the section. 

The President over-ruled the point of order. 

Mr. Coodrich moved to amend said amendment by inserting in lien 
thereof the following: 

"And no State can secede from tho Union, or nullify an act of Congress, or absolve its citi- 
zens from their paramount obligations of obedience to the Constitution and laws of the United 
States." 

The President decided the amendment not to be in order. 

Mr. Field accepted certain amendments to his amendment, and moved 
to amend said section, by striking out and substituting tho following, in 
lieu of section seven of said rejDort: 

" It i'^ declared to be the true intent and meaning of the present Constitution, that the union 
of the States under it is indissoluble." 

Mr. Buckner moved to amend the same by adding the following: 
" But this declaration shall not be construed so as to give the Federal Government power or 

nuthi)rity U) coerce or to make war, directly or indirectly, upon a State, on account of a failure 

to comply with its obligations." 

The question on agreeing to said amendment resulted in the following 
vote : 

Ayes — Delaware, Maryl.and, Missouri, North Carolina, Virginia — 5. 

KoF.s — Cotinectieut, Illinois, Indiana, Iowa, Maine, Massachusetts, New Jer.=cy, New York, 
New Hampshire, Ohio, Pennsylvania, Rhode island, Tenncsece, Vermont, Kansas— 15. 

So the amendment was not agreed to. 



64 PEACE CONFERENCE REPORT. 

Ml'. Bronson moved to amend said amendment by striking out and in- 
Borting in lieu thereof tlie following : 

" While we do not recognize the constitutional right of any State to secede from the Union, 
■we are deeply impressed by the fact that this'Government is not ni;iiatained by force, but by 
unity of origin and interest, inducing fraternal feelings between the people of diiferent sections 
of the country, and our labors have been directed to the end of giving a new assurance to our 
brethren, North, South, East, and West, of our determination to stand firmly by all the compro- 
mises of the Constitution." 

The question on the adoption of said amendment being called without 
a vote of States, the same vras not agreed to. 

The question recurring to the amendment of Mr. Field, was dctcrinined 
by the following vote: 

Ayes — Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New York, New Hamp- 
shire, Vermont, Kansas — 10. 

Noes — Delaware, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Ohi'.), Penn- 
sylvania, Rhode Island, Tennessee, Virginia — 11. 

vSo the amendment was not agreed to. 

3Ir. Somes moved to amend by adding the following as section 8. 

" That the freedom of speech, or of the press, shall not be abridged ; but that the people of 
any Territory of the United States shall be left perl'ectly free to discuss the subject of slavery." 

It was moved to lay the same on the table, and resulted in the following 
vote : 

Ayes — Delaware, Indiana, Kentucky, Maryland. Missouri, New Jersey, North Carolina, Ohio, 
Pennsylvania, Rhode Island, Tennessee, Virginia, Kansas — 13. 
Noes — Connecticut, Illinois, Iowa, Maine, Vermont — 5. 

So the amendment Avas laid on the table. 

Mr. A^andever moved to amend the same by the following section: 

" The navigation of the Mississippi river shall remain free to the people of each and all the 
States ; and Congress shall provide by law for the protection of commerce on said river against 
all interference, foreign or domestic. 

It was moved to lay the same on the table, and resulted in the following 
vote: 

Ayes — Delaware. Indiana, Kentucky, Maryland, Missouri, New Jereey, North Carolina, New 
Hampshire, Ohio, Pennsylvania, Rhode Island, Tennessee, Vermont, Virsiinia — 14. 
Noes — Connecticut, Illinois, Iowa, Maine, Massachusetts, New York — G. 

So the amendment was laid on the table. 

Mr. Baldwin moved to strike out all the sections of the rejiort. and in- 
sert the following: 

Whereas, unhappy differences exist, which have alienated from each other portions of the peo- 
ple of the LJnited States, to such an extent as seriously to disturb the peace of the nation and 
impair the regular and efficient action of the Government within the sphere of its constitutional 
powers and duties : 

And.wherea.s, the Legislature of the State of Kentucky has made application to Congress to 
call a Convention for proposing amendments to the Constitution of the United State<: 

And whereas, it is believed to be the opinion of the people of other States that iimendinents to 
the Constitution are, or may become, necessary to secuie to the peoiile of the United Stites, of 
every section, the full and ecjual enjoyment of their rights and liberties, so fir as the stime may 
depend for their security and protection on the powers granted to, or withheld from the General 
Government, in pursuance of the national purposes for which it was ordained and estiib'islied : 

This Convention does, therefore, recommend to the several States to unite with Kentucky in her 
application to Congress to call a Convention for proposing amendments to the Constitution of 
tlie United States to be submitted to the Legislatures of the several States, or to conventions 
therein, for ratification, as the oue or the other mode of ratification may be proposed by Congress, 
in accordance with the provision in the fifth article of the Constitution. 



PEACE CONFERENCE REPORT. 65 

The qnosllon on agrooiiiic ^^ ^^'^^^ ainondmtMit rcsulteil in the folhnving 
vote : 

Ayes — Connecticut, Illinois, Iowa, Maine, Massachusetts, New York, New Hampshire, Ver- 
mont — :^. 

f^or.s — Delawiu-c, Indiana, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Ohio, 
Pennsylvania, Rhode Island, Tennessee, Virj^inia, Kansas — 13. 

So the amendment was not agreed to. 

The IbUowing gentlemen disagreed to the vote of their States: 

Mr. J>ronson, of Is'ew York. 

Mr. (rranger, of New York. 

31r. Dodge, of New York. 

31 r. Corning, of New York. 

Mr. Orth, of Indiana. 

Mr. llackleman, of Indiana. 
Mr. Scddon, of Virginia, moved to amend said report by striking out 
and inserting as follows: 

JOINT RESOLUTIONS proposing certain amendments to the Constitution of the United 

States. 

Whereas, Serious and alarming dissensions have arisen between the northern and soutfr- 
«rn Stale?, concerning the rights and security of the rights of the slaveholding States, and espec- 
ially their rights in the common territory of the United States; and whereas, it is eminently 
desirable and proper that those dissensions, which now threaten the very existence of this Union, 
ghould be permancutly quieted and settled by constitutional provisions, which shall do eipial jus- 
tice to all sections, and thereby restore to the people that peace and good will which ought 
to prevail between all the citizens of the United States; therefore. 

Resolved bv this Convention, that the following articles are hereby approved and submitted t© 
the Congress of the United States, with the request that they may, by the requisite constitutional 
majoritv of two thirds, be recommended to the respective States of the Union, to be, when rati- 
fied by' conventions of three fourths of the States, valid and operative as amendments of the 
Constitution of the Union. 

Article 1. In all the territory of the United States now held or hereafter acquired, situate 
north of latitude thirty-six. degrees and thirty ni'nutes, slavery or involuntary servitude, except 
as a punishment for crime, is prohibited, while such territory shall remain under Territorial gov- 
ernment. In all the territory now or hereafter acquired south of said line of latitude slavery ot 
the African race is hereby recognized as existing, and shall not be interfered with by Congress; 
but shall be protected as'property by all the departments of the Territorial government during 
its continuance; and when any Territory, north or south of said line, within such boundaries as 
Congress may prescribe, shiillcontain the population requisite for a member of Congress, accord- 
ing to the then federal ratio of representation of the people of the United States, it shall, if its 
form of government be republican, be admitted into the Union on an equal footing with the 
original States, with or without slavery, as the constitution of such new State may provide. 

Article 2. Congress shall hive no power to abolish slavery in places under its exclu.sive juris- 
diction, and situate within tiie limits of States that permit the holding of slaves. 

Article 3. Congress shall have no power to abolish slavery within the District of Columbia, 
so long as it cxists'^iu the adjoining States of Virginia and Maryland, or either, nor without the 
consent of the free white inhabitants, nor without just compensation first mide to such owners ot 
slaves as do not consent to such abolishment. Nor shall Congress at any time prohibit otlicers 
of the Federal Government or members of Congress, whose duties require them to be m said 
District, from bringing with them their slaves, and holding them as such, during the time then- 
duties may require them to remain there, and afterwards taking them from the District. 

Article 4. Congress shall have no power to prohibit or hinder the transportation of slaves 
from one State to "another, or to a Territory in which slaves are by law permitted to be held, 
whether that transportation be bv land, navigable rivers, or by the sea. And if such transporta- 
tion be bv sea, the slaves shall ri'e protected as property by the Federal Government. And the 
right of transit by the owners with their slaves in passing to or from one .slaveholding State or 
Territory to anoiher. between and through the non-slaveholding States and Terntones, shall be 
protected. And in imposing direct taxes pursuant to the Constitution, Congress shall have no 
power to impose on slaves a higher rate of tax than on land, according to their just value._ 

Article 5. That, in addition to the provisions of the third paragraph of the second section of! 
the fourth article of the Constitution of the United States, Congress shall provide by law, that 
the United States shall pav to the owner who shall apply for it the full value ot his fugitive slaTe 
in all cases when the marshal, or other oflicer, whose duty it was to arrest said fugitive, was pre- 
vented from so doin" by violence or intimidation, or when, after arrest, said fugitive was rei- 

9 



66 



TEACE CONFERENCE REPORT. 



CTied bv force, and the owner tliercby prevented nnd obstructed in the pursuit of hi? reme 'y tot 
&ie recovery of his fugitive slave, under the said tdause of the Constitution and the haws made 
iA pursuance thereof. And in all such cases, when tlie United States shall pay f(,r such fugitive, 
they shall reimburse themselves by imposing and collecting a tax on the county or city in which 
said violence, intimidation, or rescue v/as committed, equal in amou t to the sum paid by tl'.em, 
with the addition of interest and the costs of collection; and the said county or city, after it has 
gaid said amount to the United States, may, for its indemnity, sue and recover from the wrong- 
doers, or rescuers, by whom the owner was preventtd from the recovery of his fugitive slave, in 
like manner as the owner himself might have sued and recovered. 

Article 6. No future amendment of the Constitution shall atiect the five pieceding articles, 
nor the third paragraph of the second secti(ni of the first article of the Constitution, nor the 
^ird paragraph of the second section of the fourth article of said Constitution, and no amend- 
ment shall be made to the Constitution which will authorize or give to Congress any power to 
abolish or interfere with slavery in any of the States by whose laws it is or may be allowed or 
permitted. 

Article 7. Sec. 1. The elective franchise and the' right to hold office, whether Federal, 
State, Territorial, or municipal, shall not be exercised by persons who are, in whole or in part, 
•f the African race. 

And whereas, also, besides those causes of dissension embraced in the foregoing amendments 
fpoposed to the Constitution of the United States, there are otlsers which come witliiu the juris- 
dicth.n of Cengress, and may be remedied by its legislative power; and wdiereas, it is the desire 
•f this Convention, as f\tr as its infiuence luay extend, to remove all just cause for the popular 
discontent and agitation which now disturb the peace of the country, and threaten the stability 
•f its institutions; therefore, 

1. Resolved, That the laws now in force for the recovery of fugitive slaves are in strict pursu- 
ance of the plain and mandatory provisions of the Constitution, and have been sanctioned as 
Talid and constitutional by the judgment of the Supreme Court of the United States; that the 
ulaveholding States are entitled to the faiihful observance and execution of those laws, and that 
they ought not to be repealed or so modified or changed as to impair their efficiency; and that 
Bkws ought to be made for the punishment of those who attempt, by rescue of the slave or other 
aiegal means, to hinder or defeat the due execution of said laws. 

2. That all State laws which conflict with the fugitive slave acts, or any other constitutional 
acts of Congress, or which in their operation impede, hinder, or delay the free course_ and due 
execution of any of said acts, are null and void by the plain provisions of the Constitution of 
tiie United States. Yet those State laws, void as'they are, have given color to practices, and 
led to consequences which have obstructed the due administration and execution of acts of Con- 
gress, and especially the acts for the delivery of fugitive shives, and have thereby contributed 
much to the discord and comm )tion now prevailing. This convention, therefore, in the present 
ferilous juncture, does not deem it improper, respectfully and tarnestly, to recommend the lepeal 
•f those laws to the several Sttitcs which have enacted them, or such legislative corrections or 
explanations of them as may prevmt tlieir being used or perverted to such mischievous purposes. 

3. That the act of the eighteenth of September, eighteen hundred and fifty, commonly callc-d 
fee fugitive slave law, ought to be so amended as to make the fee of the commissioner, men- 
Monedin the eii^hth section of the act, equal in amount, in the cases decided by him, whether 
feis decision be in favor of or against the claimant. And to avoid misconstruction, the last clause 
•f the fifth section of said act, which authorizes the person holding a warrant for the arrest or 
detention of a fugitive slave to summon to his aid the posse comitatus, and which declares it to 
be the duty of all good citizens to assist him in its execution, ought to be so amended as to 
expressly limit the authority and duty to cases in which there shall be resistance, or danger of 
resistance or rescue. ' , . „ , i -.-i 

4. That the laws for the suppression of the African slave trade, and especially those prohibit- 
ing the importati n of slaves into the United States, ought to be made effectual, and ought to 
bc^ thoroughly executed, and all further enactments necessary to those ends ought tobepiomptlj 
ttflde. 

The question on agreeing to said amendment resulted in tho following 
TOte : 

Ayes— Kentucky. Missouri, North Carolina, Virginia — 4. 

NoES_Connecticut,Delaware, Illinois, Indiana, Maine, Massachusetts, Maryland, New Jersey, 

ITew York, New Hampshire, Ohio, Pennsylvania, Rhode Island, Tennessee, Vermont, Kansas— 16, 

So the amendment was not agreed to. 

J,Ir. Dent, of Maryland, dissented from the vote of his State. 
Mr. Clay, according to previous notice, moved to amend said report by 
Etriking out the same, and inserting the following: 

Whereas the Union is in danger; and owing to the unhappy divisions ex'sting in Congress, 
Jb would be difficult, if not i,T.possible, for that bodj to concur, in Loth its branches, by the 



PEACE CONFERENCG REPORT. 6T 

requisite rri'ijority, so as to cnnMe it eitlier to adopt such measures of legislation, or to rccom- 
meuil to the States such ameiKiiuents to the Coiistiiution as ar« deeinc d nece-=sary and proper t* 
avert tliat danger; and whereas in so great an emergency, the opinion and judgment of th* 
people ought to be heard, and would be the best and surest guide to their representatives; thero- 

i'ore, 

Rr^olcrd, That provision ought to be made by law, without delay, for taking the sense of thd 
people, and submitting to their vote the I'oliowiiig resolution.-! as the basis tor the final and perma- 
nent sctthniou'. of those disputes that now disturb the peace of the country and threatea th# 
exi!«tcnc« of the Union. 

Atid that whereas, serious and alarming dissensions have arisen between the Northern and 
Soutlicrn States, concerning the rights and security of the rights of the slaveholding States, and 
e?p«cially their rights in the common territory of tlie United .States; and wlureas, it is cmintntlf 
desirablu and proper that those dissensions, which now threaten the very existence of this Union, 
•hould be permanently quieted and settled by constitutional provisions, which shall do e'lual jus- 
tice to all sections, and theieby restore to tlie people that peace and good will which ought k* 
prevail between all the citizens of the United States : therefore, 

Resnlvfd, That the following articles be, and are hereby, proposed and submitted as amend- 
ments to the Constitution of the United States, which shall be valid to all intents and purpose! 
aj ptirt of said Constitution, when ratified by conventions of three fourths of the several States. 

Article I. In all the territory of the United States now held, or hereafter accjuired, situalw 
north of latitude thirty-six degrees and thirty minutes, slavery or involuntary servitude, except a* 
k punishment for crime, is prohibited, while such territory shall remain under territorial govern- 
ment. In all the territory south of gaid line of latitude slavery of the African race is herebj 
recognized as existing, and shall not be interfered with by Congress ; but hall be protected ai 
propt rty by all the departments of the territorial governmeut during its continuance ; and whem 
any teiritoiy north or south of said line, within such boundaries as Congress miy prescribe, shall 
contain the population requisite for a member of Congress, accoi-ding to the then federal ratio of 
representation of the people of the United States, it shall, if its fuim of government be repub- 
lican, be admitteil into the Union on an equal footing with the original States, with or without 
•lavery, as tlie constitution of such new State may provide. 

Article 2. Congress shall have no power to abolish slavery in places under its exclusive juris- 
diction, and situate within the limits of States that permit the holding of slaves. 

Article 3. Congress shall have no power to abolish slavery within the District of Columbia, 
«o long as it exists in the adjoining States of Virginia and Maryland, or either, nor without th« 
consent of the inhabitants, nor without just compensation first made to such owners of slaves 
as do not consent to such abolishment. Nor shall Congress at any time prohibit offii-em 
of the Federal Government, or members of Congress, whose duties require them to be in said 
District, from bringing with them their slaves, and holding them as such daring the time their 
duties may require them to remain there, and afterwards taking them from the District. 

Article 4. Congress shall have no power to prohibit or hinder the transportation of slave* 
from one State to another, or to a Territory in which slaves are by law permitted to be held, 
whether that transportation be by land, navigable rivers, or by the sea. And the right of transit 
by the owners with their slaves, in passing to or' from one slaveholding State or Territory to 
another, between and through the non-slaveholdiiig States and Territories, shall be protected. 

Article 3. That, in addition to the provisions of the third paragraph of the second section of 
llie fourth article of the Constitution of the United States, Congress shall have power to pro- 
ride by law, and it .shall be its duty so to provide, that the United States shall pay to the owner 
who shall apply for it, the full value of his fugitive slave, in all cases, when the marshal, or 
other oflicer, whose duty it was to arrest said fugitive, was prevented from so doing by violonca 
or intimidation, or when, after arrest, said fugitive wa« rescued by force, and the owner therebj 
prevented and obstructed in the pursuit of his remedy for the recovery of his fugitive slave, 
under the said clause of the Constitution and the laws Biadc in pursuance thereof. And in 
ail such cases, when the United States shall pav for such fugitive, they shall have the power 
to reimburse themselves by imposing and collecting a tax on the county or city in which said vio- 
lence, iiuiuiidation, or rescue was committed, equal in amount to the sum paid by them, with 
the addition of interest and the costs of collection; and the said county or city after it has paid 
Baid amount to the United States, may, for its indemnity, sue and recover from the wrong-doeri, 
or rescuers, by whom the owner was prevented from the recovery of hia fugitive slave, in liko 
manner as the owner himself might hare sued and recovered 

Article 6. No future amendment of the Contitntion shall afTect the five preceding articles 
nor the third paragraph of the second section of the fust article of the Constitution, nor th« 
third paragraph of the second section of the fourth article of said Constitution, and no amend- 
ment shall be made to the Constitution which will authorize or give to Congress any power t» 
aboli-h or interfere with slavery in any of the States by whose laws it is or may be allowed or 
permitted. 

AsiricLE 7. Sec. 1. The elective franchise and the right to hold ofTice, whetlicr federal, State, 
terriori •.!, or municipal, shall not bo excrci-ed by persons who are, iu wliyle or in p;irt, of th* 
African race. 



$B PEACE CONFERENCE EEPORT. 

Sec. 2. The United States shall have power to acquire from time to time, di>^trict? of country, 
in Africa and South America, for the colonization, at expense of the federal Treasury, of such 
free negroes and mulattoes as the several States may wish to have removed from their limits, 
and from the District of Columbia, and such other places as may be under the jurisdiction of 
Congress. 

And whereas, also, besides those causes of dissension embraced in the foregoing amcn'lments 
proposed to the Constitution of the United States, there are others which come within the juris- 
diction of Congress, and may be remedied by its legislative power; and whereas, it is the desire 
of iliis Convention, as far as its inliuence nray extend, to remove all just cause for the popular 
discontent aud agitation which now disturb the peace of the country, and threaten the stabilitj 
•f its institutions: therefore, 

1. Resohcd, That the laws now in force for the recovery of fugitive slaves are in strict pur- 
suance of the plain and mandntory provisions of the Constitution, and have been sanctioned as 
valid and constitutional by the judgment of the Supreme Court of the United States; that tho 
slaveholuing States are entitled to tlie faithful observance and execution of those laws, and that 
they ought not to be repealed or so modified or changed as to impair their efficiency; and that 
laws ought to be made ibr the punishment of those who attempt, by rescue of the slave or other 
illegal means, to hinder or defeat the due execution of said laws. 

2. That all State laws which conflict v/ith the fugitive slave acts, or any other constitutional 
acts of Congress, or which in their operation impede, hinder, or delay the free course and due 
execution of any of said acts, are null and void by the plain provisions of the Constitution of 
the United States. Yet those State laws, void as they are, have given color to practices, and 
led to consequences which have obstructtd the due administration and execution of acts of Con- 
gress, and especially the acts for the delivery of fugitive slaves, and have thereby contributed 
much to the discord and commotion now prevailing. Tliis Convention, therefore, in the present 
perilous juncture, does not deem it improper, respectfully and earnestly, to recommend the repeal 
of those laws to the several States which have enacted them, or such legislative corieciions or 
explaniitions of them as may prevent their being used or perverted to such mischievous purpose?. 

3. That the act of the eighteenth of September, eighteen hunded and fifty, commonly called the 
fugitive slave law, ought to be so amended as to make the fee of the commissioner, mmtioned 
in the eighth section of the act, equal in amount, in the cases decided by him, whether hii 
decision be in favor of or against the claimant. And to avoid misconstruction, the lust clausft 
of the fifih section of said act, which authorizes the person holding a warrant for the arrest or 
detention of a fugitive slave to summon to his aid the posse comitatus, and which declares it to 
be the duty of all good c'tizens to assist him in its execution, ought to be so amended as to 
expressly limit the authority and duty to cases in which there shall be resistance, or danger of 
resistance or rescue. 

4. That the laws for the suppression of the African slave trade, and especially those prohibit- 
ing the importation of slaves into the United States, ought to be made effectual, and ought to 
be thoroughly executed, and all further enactments necessary to those ends ought to be promptly 
made. 

The. question on agreeing to said amendment resulted in the following 
vote: 

Ayes — Kentucky, Missouri , North Carolina, Tennessee, Virginia — 5. 

Noes — Connecticut, Delaware, Illinois, Indiana, Maine, Massachusetts, Maryland. New 
Jersy, New York, New Hampshire, Ohio, Pennsylvania, Rhode Island, Vermont — 14. 

So the amendment was not agreed to. 

Mr. Dent, of Maryland, dissented from the vote of his State. 
Mr. Tuck, of New Hampshire, moved to amend said report by striking 
out, and inserting as follows : 

To THE People of .the United States : 

On the 4th day of February, 1861, in compliance with the invitation of the State of Virginia, 
commissioners from several other States met the commissioners of that State in Conference Con- 
tention, in the city of Washington. From time to time, commissioners from other States apjtear- 
ed, appointed, as were those who first appeared, some by the Legislatures, and some by the Gov- 
ernors of their respective States, until, on the 23d instant, twenty-one States were then repre- 
sented. The Convention thus constituted claims no authority under the Constitution and laws ; 
but deeply impressed with a sense of existing dissensions and dangers, proccded to a careful 
consideration of them and the.r appropriate remedies, and having brought their deliberations to 
a close, now submit the result to the judgment of their fellow-citizens. 

We recognize and deplore the divisions and distractions which now afBict our country, inter- 
rupt its prosperity, disturb its peace, and endanger the Union of the States ; but we repel the 
conclusion that any alienations or dissensions exist which are irreconcilable, which 'justify 
attem[)ts at revolution, or which the patriotism and fraternal sentiments of the people, and ihe 
int«rests and honor of the whole nation, will not overcome. 



PEACE CONFERENCE REPORT. GQ 

In a country embnicincj the central ami most importmt portion of a continent, amon;}; a people 
now uuiuberin^ over thirty millions, diver.silio.-» ot" opinion inevitably exist ; iuid rivalries, inten- 
fified at Uma by local interc-it-; and sectional attachments, must often occur ; yet we ilo not 
doulit tliat the theory of our government is the best which is possil)Ic for this nation, that tb« 
Unio.i of the States is of vital iinportaace, and that the C mstilution, which expresses the com- 
bined wisdom of the illustrious founders of tlie j^overnniont, is still the palladium of our liber- 
ties, adeiiuate to every emergency, and justly entitled to the support of every <;ood ciiizen. 

It embraces, in its provisions and spirit, all the defense and protection which any section of 
the country can rightfully demand, or honorably concede. 

Adopted with primary reference to the wants of five millions of people, but with the wisest 
reference to future expansion and development, it has carried us onward with a rapid im-rease of 
numbers, an accumulation of wealth, and a degree of happiness and general prosperity nev«r 
attained by any other nation. 

Whatever branch of industry, or whatever staple production shall become, in the possible 
dianges of the future, the leading interest of tlie country, thereby creating unf.)reseen compli- 
cations or new conflicts of opinion and interest, the Constitution of the United States, properl/' 
understood, and fairly enforced, is equ il to every exigency, a shield and ilelen^e to all in everj 
time of need. If, however, by reason of a change in circumstances, or lor any cau-^e, a portion 
of the people believe they ought to have their riglUs more exactly defined or more fully ex|>lained 
in the Coiistitution, it is their duty, in accordance with its provisions, to seek a renie<ly by waj 
(tf amoudmeut to that instrument ; and it is the duty of all the States to concur in such amend- 
ments as miy be found necessary to in-^ure equal and exact justice to all. 

In order, therefore, to announce to the country the sentiments of this Convention, respecting 
not oidy the remedy which should be sought for existing discontents, but also to comraunii.-ate to 
tlie public what we believe to be the patriotic sentiment of the country, we adopt the following 
resolutions : 

1st. Resolved, That this Convention recognize the well understood proposition that the Consti- 
tntion of the United States gives no power to Congress, or any branch of the Federal Govern- 
ment to interfere in any manner with slavery in any of the States ; and we are assured, by 
abim lint testimony, that neither of the great political organizations existing in the country con- 
templates a violation of the spirit of the Constitution in this regard, or the procuiing of any 
amenilment thereof, by which Congress, or any department of the General Government, shall 
ever h:ive jurisdiction over slavery in any of the States. 

2d Resoinrd, Tiiat the Constitution was ordained and established, as set forth in the preamble, 
l^y the people of the United States, in order to form a more perfect Union, establish justice, insure 
domestic tr.uiciuility, provide for the common defense, promote tlie general welfu-e, and secure 
tlie b'e^siiigs of lii)erty to themselves and their posterity; and when the people of any Stite are 
not in lull enjoyment of all the benefits intended to be secured to them by the Constitution, or 
their ricrhts under it are disregarded, their tranquility disturbed, their prosperity retardel,or their 
liberty imperiled by the people of any other State, full and adequate redress can and ought to b4 
provided for such grievances. 

3d. Risnlocel, That the Constitution of the United States, and the acts of Congress in pursu- 
ance thereot", are the supreme law of the land, to which every citizen owes faithful obedience; 
and it is therefore respectfully recommended to the Legislatures of the several States to consider 
impartially whatever complaints may be made of acts, as inconsistent therewith, by sister States 
or their citizens, and carefully revise their statutes, in view of such complaints, and to repeal 
whatever provisions may be found to be in contravention of that supreme law. 

4th. Rfsolved, That this Convention recommend to the Legislatures of the several States of 
the Union to follow the example of the Legislatures of the States of Kentucky and of Illinois, 
in ap;. lying to Congress to call a Convea'ion for the proposing of amendmenti to the Constitutioa 
erf the United States, pursuant to the fifth article thereof. 

The question on agreeing to said aiaenchaent resulted in the following 
vote: 

AvKs — Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New York, New Hamp- 
Bhire, Vermont — 9. 

NoKs — Delaware, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Ohio, Penn- 
•ylvania, Rhode Island, Tennessee, Virginia — 11. 

So the amendment was not agreed to. 

Mr. Brockenbrough proposed to amend said report by what he read. 

The Chair ruled the same out of order. 

Mr. Guthrie moved that the Convention proceed to vote on the sectioni 
of the Import as amended, section by section ; which was agreed to. 

Mr. Elli.-i, of Indiana, moved so to amend the rule that the report shall 
be taken up, and each section and each distinct proposition be voted oh 
separately. 



t0 PEACE CONFERENCE HEPORT. 

The Chair determined the motion was out of order. 

Mr. Guthrie moved the adoption of the 1st section, as follows : 

ARTICLE 13. 

Section 1. In all the present territory of the United States, north of the parallel of thirty-sfs 
degrees and thirty minutes of north latitude, involuntary servitude, except in punishment of crime, 
13 prohibited. In all the present territory south of that line, the status of per.sons held to invoK 
«ntary service or labor, as it now exists, shall not be changed ; nor shall any law be passed by 
Congrefs or the Territorial Legislature to hinder or prevent the taking of such persons from any 
•f the States of this Union to said territory, uor to impair the rights arising from said relation; buk 
the same shall be subject to judicial cognizuice in the federal courts, according to the courte of 
the common law. When any territory north or south of said line, within such boundary as Con- 
gress may prescribe, shall contain a population equal to that required for a member ot' Congress, 
it shall, if its form of government be republican, be admitted into the Union on ancqual^ foot- 
ing with the original States, with or without involuntary servitude, as the constitution of suck 
State may provide. 

The question on agreeing to said section resulted in the following vote: 

Ayes— Delaware, Kentucky, Maryland, New Jersey, Ohio, Pennsylvania, Rhode Island, Tea- 

Noes— Connecticut, Illinois, Iowa, Maine, Massachusetts, Missouri, New York, North Caro^ 
Kna, New Hampshire, Vermont, Virginia — 11. 

So the section was not agreed to. 

The following gentlemen dissented from the vote of their States: 
Mr. Eutlin and Mr. Morehead, of North Carolina. 
Mr. Totten, of Tennessee. 
Mr. Coalter and Mr. Hough, of Missouri. 

Mr. Bronson, Mr. Corning, Mr. Dodge, Mr. Wool, and Mr. Granger, of 
Hew York. 

Mr. Meredith and Mr. Wilmot, of Pennsylvania. 

Mr. Eives and Mr. Summers of Virginia. 

Mr. Clay and Mr. Btitler, of Kentucky. 

Mr. Logan, of Illinois. 

A recoiisideration of said vote was called hy Illinois, and agreed to— 1-i 

to 5. 

Pending the consideration of said section, Mr. Granger moved an 
adjournment to half-past 7 o'clock, P. M. 
The Convention then adjourned. 



7^ o'clock, r. M. 

The Convention assembled according to adjournment. 
Mr. Wicklifi'e, of Kentucky, moved the Convention adjourn to 10 o'clock, 
the 27th. 

AVhieh was agreed to — ayes 17, noes 5. 
So the Convention adjourned. 



■Washington City, February 27, 1S61. 

The Convention met pursuant to adjournment. 
President Tyler in the chair. 

The proceedings were opened with prayer from the Eey. Dr. Gurley. 
The order of the day was the adoption of the first section. 
Mr. Guthrie moved the adoption of the first section of the report, a» 
amended, and reading as follows : 



PEACE CONFERENCE REPORT. 71 

Stiction 1. Ill nil the present territoi-v of the Uiiltod States, imrHi of the parallel of thirty-six 
des^reer! ami thirty minutes of north latitmie, involuntary servitude, except in punisimient Of 
crinie. is prohibited. In all tlie pre-ent territory soutli of tliat line, the status of jxTsons heUI 
to involtmtarv service or labor, us it now exists, sh;ill not be ciianj;ed; nor shiil any law ijc pa-sei 
by Conj^re'^s or tlie Territorial Lo;j,ishuurf to hinder or prevent tiie takinj; of such pers us froM 
aiiv of ilie States of this Union to said teirilory, nor to impair llie riglils arisin;.^ from said rei»- 
tio'n; bui the s:ime shall be subject to judicial cognizince in tiie feiieral courts, accnnlinj,' to th« 
course <if tlie common law. Wlien an^y territory north or south of said line, wititin sucii i)onn<lary 
as Conjjress mav prescribe, shall contain a population eiiual to that required for a member W 
Con^jress, it shall, if its form of guveinment be republican, be admitted into the Union on a» 
equal fontinj; with the original States, with or without involuntary servitude, as the constituliw« 
of such Stale may provide. 

Tiic question on the adoption of said Rcctiun rcsiiltevl in the lolhnvin|f 
vote : 

Atks— Delaware, Illinois, Kentucky, Maryland, New Jcr?ey, Oliio, Pennsylvania, Rhode Island, 
Tennessee — 9. 

Noes— Connecticut, Iowa, Maine, Massachusetts, North Carolina, New Hampshire, Vermont, 
Virginia — ti. 

So the section was adopted. 

On calling New York, the members stated that one of their niimlier was 
absent, and the delegation were divided. Inquiry was made of the I'resi- 
dent whether an absent member could vote. The President decided h« 
could not, without general leave. 

New York, Indiana, and Kansas were divided. 

When Indiana was called to vote on the first section, Mr. Ilackelman 
rose and said : 

The Commissioners of Indiana M'cve appointed by virtue of resolutions passed by the Legisla- 
ture of tliat St.ite, which re<|uired them to report to" tlie Legislature any proposition before votinj; 
for it finailv, so as to commit, the State. It is impossible to obtain the time to submit the pro- 
posed aineiidments to the Legislature of Indiana for its approval or rejection. Indiana, therefor^ 
declines to vote. 

Indiana having declined to vote, Mr. T. C. Slaugliter asked to have his 
individual vote entered in the affirmative on first section. 

Mr. Ellis, of Indiana, for the reason stated above, asked to have his 
individual vote enteretl in the negative on the first section. 

The following gentlemen dissented from the vote of their States: 
Mr. Clay and ]Mr. Butler, of Kentucky. 
Mr. Ruifin and Mr. Morehead, of Nor'th Carolina. 
Mr. Meredith and Mr. Wilmot, of Pennsylvanui. 
Mr. Totten, of Tennessee. 
Mr. Cook, of Illinois. 

Mr. Rives and Mr. Summers, of Virginia. 
Mr. Chase and Mr. Wolcott, of Ohio. 
Mr. Guthrie moved the adoption of the second section of the report, as 
amended, and reading as follows: 

Section 2. No territory shall be acquired bv the United Stite->, except by discovery, and [fa 
naval and commercial staVions, depots, and transit routes, without the concurrence of a majori^ 
of all the Senators from States which allow involuntary servitude, and a m ijority ot all the 
Senators from States which prohibit thit relation; nor shall territory be acquired by trcatj, 
unless the votes of a majoritv of the Senators from each class of States hereinbelore nicntKjnea 
be cast as a part of the two thirds majority necessary to the ratification of such treaty. 

The question on the adoption of said section resulted in the following 
vote : 

Ayes— Delaware, Indiana, Kentucky, Maryland, Missouri, New Jersey, Ohio, Pennsylvania, 
Rhode Island, Tennessee, Virizinia — ll. xt it »• 

Noes— Connecticut, Illinois, Iowa, Maine, Massachusetts, North Canhna, New Hampshire, 
Vermont — 8. 



72 . PEACE CONFERENCE REPORT. 

Xew York and Kansas were divided. 
, So the section was adopted. 

The following gentlemen dissented from the vote of their States; 

Mr. Meredith and Mr. Wilmot, of Pennsylvania. 

Mr. Euflnn and Mr. Morehead, of North Carolina. 

Mr. Tyler, of Virginia. 

Mr. clay, of Kentucky. 

Mr. Hackelman and Mr. Orth, of Indiana. 
Mr. Guthrie, of Kentucky, moved the adoption of the third section of 
the report, as amended, and reading as follows : 

Section 3. Neither the Constitution, nor any amendment thereof, shall be construed to give 
Congress power to regulate, abolish, or control, with.n any St 'te, the relation established or recog- 
Bized by the laws thereof touching persons held to labor or involuntary service therein, nor to 
iriterfere with or abolish involuntary service in the District of Columbia without the consent of 
Maryland and without the consent of the owners, or making the owners who do not consent just 
compensation; nor the power to interfere with or prohibit Representatives and others from brmg- 
irtg with them to the District of Columbia, retaining, and taking away, persons so held to labor 
»r service; nor the power to interfere with or abolish involuntary service in places under the 
exchisive jarisdiction of the United States within those States and Territories where the same is 
established or recognized; nor the power to prohibit the removal or transportation of persons 
held to labor or involuntary service in any State or Territory of the United States to any other 
State or Territory thereof where it is established or recognized by law or usage; and the right 
flurirg transportation, by sea or river, of touching at ports, shores, and landim^s, and of landmg 
in cat-e of distress, shall exist; but not the right of transit in or through any State or Territory, 
©r of sale or traffic, against the laws thereof. Nor shall Congress have power to authorize anj 
higher rate of taxation on persons held to labor or service than on land. 

The bringing into the District of Columbia of persons held to laborer service for sale, or 
placing them in depots to be afterwards transferred to other places for sale as merchandise, is 
prohibited. 

The question on the adoption of said section resulted in the following 
vote: 

Ayes— Delaware, Illinois, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Ohio, 
Pennsvlvania, Rhode Island, Tennessee, Virginia — 12. ^ 

Noes— Connecticut, Indiana, Jowa, Maine, Massachusetts, New Hampshire, Vermont— (. 

New York and Kansas were divided. 
So the section Avas adopted. 

The following gentlemen dissented from the vote of their States: 
Mr. Clay, of Kentucky. 
Mr. Cook, of Illinois. 
Mr. Slaughter, of Indiana. 
Mr. Chase and Mr. Wolcott, of Ohio. 
Mr. Guthrie, of Kentucky, moved the adoption of the fourth section of 
the report, as amended, and reading as follows: 

Section 4. The third paragraph of the second section of the fourth article of the Constitu- 
tion shall not be construed to prevent any of the States, by appropriate legislation, and through 
the action of their judicial and ministerial officers, from enforcing the delivery of fugitives from 
labor to the person to whom such service or labor is due. 

The question on the adoption of said section resulted in the following 
vote: 

Ayes- Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland, Missouri, New Jersey, 
Nortli Carolina, Ohio, Pennsy!vani:i, Rhode Island, Tennessee, Vermont, Virginia— 15. 
Noes — Iowa, Maine, Massachusetts, New Hampshire — 4. 

Kew York and Kansas were divided. 

So the section was adopted. 

The following gentlemen-dissented from the vote of their States : 

Mr. Baldwin, of Connecticut. 

Mr. Ilackleman, Mr. Orth, of Indiana. 

Mr. Chase, Mr. Wolcott, of Ohio. 



PEACE CONFERENCE REPORT. 7^ 

Mr. Gutlirio, of Kentucky, moved the adoption of the fifth fioetiuii of the 
report, as amended, and reading as follows : 

Section 5. The foreign slave trarle is liereby forever proliibilod ; and it shall ho the ilutj of 
Conj;ro<3 to pass laws to prevent the importation of slaves, coolies, or persons heM to service o» 
labor, into the United States and the Territories from places beyond tlic limits tliereof. 

The question on the adoption of said section resulted in the follo\Yiug 
vote: 

Ayes — Connecticut, Delaware, Illinois. Indiana, Kentucky, Maryland, Missouri, New Jeraej, 
New Yoik, NevT Hampshire, Ohio, Pennsylvania, Rhode Island, Tennessee, Vermont, atul 
Kansas — 16. 

Noes — Iowa, Maine, Massachusetts, North Carolina, and Virginia — 5. 

So this section was adopted. 

The following gentlemen dissented from the vote of their States : 

Mr. Baldwin, of Connecticut. 

Mr. Clay, of Kentucky. 

Mr. Ruf'lin, Mr. ]\Iorehead, of Xorth Carolina. 

Mr. Wolcott, Mr. Chase, of Ohio. 

Mr. Ilackleman, Mr. Orth, of Indiana. 
Mr. Guthrie, of Kentucky, moved the adoption of the sixth section of 
tlie report as amended, and reading as follows : 

Section 6. The first, tliird, and fifth sections, together with this section of these amomhnents, 
and the third piiragrapli of the second section of the first article of tiie Constitution, and th9 
third paragraph of tlie second section of the fourth article thereof, shall not be aniended or 
abolished without the consent of all the States. 

The question on the adoption of said section resulted in tlie following 
vote : 

AvEs — Delaware, Illinois, Kentucky, Maryland, Missouri, New Jersey, Ohio, Pennsylvaniiv, 
Rhode Inland, Tennessee, Kansas — 11. 

Noes — Connecticut, Indiana, Iowa, PJaine, Massachusetts, North Carolina, New Hainpshir©, 
Vermont, Virginia — 9. 

New York Avas divided. 

So this section was adopted. 

The following gentlemen dissented from the vote of their States: 

Mr. I'uffin, Mr. Morehcad, of North Carolina. 

Mr. Wolcott, :^[r. Chase, of Ohio. 

Mr. Cook, of Illinois. 

Mr. Summers, Mr. Eives, of Virginia. 
Mr. Guthrie, of Kentucky, moved the adoption of the seventh section 
of the report, as amended, and reading as follows: 

Section 7. Congress shall provide by law that tlie United States shall pay to the owner th» 
full value of his fugitive from laljor, in all cases where the marshal,T)r other olficer, who.<e duty 
it was to arrest such fugitive, was prevented from so doing by violence or intimidation Irom mobs 
or riotous assemblages, or when, after arrest, such fugitive was rescued by like violence or in- 
timidatiiiu, and the owner thereby deprived of the same ; and the acceptance of such payment 
shall preclude the owner from further claun to such fugitive. Congress shall provide l)y law for 
securing to the citizens of each State the privileges and immunities of citizens in the several 
States. 

The question on the adoption of said section resulted in the following 
vote : 

Ayes — Delaware Illinois, Indiana, Kentucky, .M iryland. New Jersey, New Il.impshire, Ohio 
Pennsylvania, Rhode I-hmd, Tennessee, Kanse- — \'2. 

Noes — Connecticut, Iowa, M line, .Missouri, North Carotin i, Vermont, Virginia — 7. 

New York was divided. 

So this last section was adopted. 

10 



T4 PEACE CONFERENCE REPORT. 

The following gentlemen dissented from the vote of their States: 
Mr. Euflfin, of IS'orth Carolina. 
Mr. Morehead, of North Carolina. 
Mr. Totten, of Tennessee. 
Mr. Hackleman, of Indiana. 
Mr. Orth, of Indiana. 
Mr. Chase, of Ohio. 
Mr. Woleott, of Ohio. 
Mr. Cliase called for the consideration of the seven propositions as a 
•#hoIe collectively. 

The President decided that th.e Convention, having gone through, 
Smended, and adopted said sections in severalt}^ and then having deter- 
mined and passed on the same as amended in severalty, the whole wor« 
adopted, and no further vote could be taken. 

Mr. Cliase appealed from the decision of the President. 
The President stated his decision. 
Mr. Chase withdrew his appeal. 

Mr. Franklin, of Pcnns^dvania, moved the adoption of the following 
nsolution : 

Rtsolned, Af the senpe of thi.s Convention, that the hij^hest political duty of every citizen of 
the United States is his allegiance to the Federal Government, created by the Constituti.'n of the 
United Stare--, and that no State of thit; Tnion has any constitutional right to secede theierrom. 
Or to absolvfe the citizens of such State from their allegiance to the Government of the United 
itate-s. 

Mr. Barringer moved to \ny the resolution on the table. And the vote 
lay States resulted as follows : 

Ayes — Delaware, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Ohio, Ten- 
Bessee, Virginia — 9. 

Noes — Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New York, New Hamp- 
Aire, Pennsylvania, Rhode Island, Vermont, Kansas — 12. 

The Convention refused to lay on the table. 

Mr. Coalter, of Missouri, offered the following as an amendment and 
(pabstitute : 

The term of office of all Presidents and Vice Presidents of the United States hereafter elected 
iSiall be six years ; and any person once elected to either of said offices shall ever alter be iii- 
«iigible to the same office. 

AVhich was laid on the table. 

Mr. Seddon moved to amend by striking out and inserting his second 
»et of amendments, as follows: 

To secure concert and promote harmony between the slaveholding and non-sl.aveholding sec- 
taons of the Union, the assent of the maj."irity of the Senators from the slaveholding States, and 
of the maji-.rity of the Senators from the non-slaveh(;!ding States, shall be requisite to the valid- 
ity of all action of the Senate, on which the ayes and noes may be called by iive Senator!". 

And on a written declaration, signed and presented for record on the journal of the Senate 
by a m'jority of the Senators from either the iKUi-slaveholding or slaveholding States, of Uieif 
want of confidence in any officer or appointee of the Executive, exercising functions exclusively 
or continuously within tlie class of States, or any of them, which the signers represent, ihen such 
officer shall be removed by the Executive; and if not removed at the expiration of ten days 
from the indentation of siich declaration, the office shall be deemed vacant, and open to new 
Uppoiutment. 

The connection of every State with the Union is recognized as depending on the continuing 
JIEsent of its people, and compulsion shall in no case, nor under any form, be attempted by the 
government of the Union against a State acting in its collective or organic capacity. Any State, 
by the action of a convention of its people, as-embled pursuant to a law of its Legislature, ia 
held entitled to dissolve its relation to the Federal Governiuent, and withdraw from the Unions 
and, on due notice given of such withdrawal to the Executive of the Uinon, he shall appoint 
two commissioners, to meet two commissioners to be appointed by tlie Governor of the State, 
who, with the aid, if needed from the disagreement of the commissioners, of an umpire, to be 



PEACE CONFERENCE REPORT. 76 

selected by n mijorily of them, sliiill equitably adjudicate and determine finally a partition of th« 
riglits and obilKiitlons of the withdrawing State; and such adjudication and partition being 
ttocoin;i!i<hcd, the witiidrawal of such State shall be recognized by the Executive, and announced 
by public proclamation to the world. 

But such withdrawing State shall not afterwards be re-admittetl into tlie Union without tht 
■••ent of two thirds of the States constituting the Union at the time of the proposed re-admia- 
■on. 

The amondmciits wore laid on the t;ible, witli leave to liave tlioia placed 

<m liio journal. 

The (jiiestion recui-ring to the amendinent proposed by Mr. J-'ranlclin, 
Mr. lIulMn moved to postpone the consideration of the same indefi- 

nitclj-; and the same was pobtponed, by the following vote: 

Ayes— Delaware, Kentucky, Maryland, Missouri, New Jersey, Nortli Carolina, Ohio, Rhod« 
Ljland, Tennessee, Virginia — lO. 
Noes — Connecticut, Illinois, Indiana, Iowa, M.iinc, Massachusetts, Pennsylvania — 7. 

Now York Avas divided. 

Mr. Duncan, of Ilhode Island, dissented from the vote of his State. 

Mr. Amos dissented from his .State. 

Mr. GiUhrie ottered the following preamble. 

To THE Co.NGRF.SS OF THE UnITED StaTES : 

The Convention assembled upon the invitation of the State of Virginia to adjust the imhappy 
differences which now disturb the pence of the Union and threaten its cnntinuatice, make kn:)wn 
to the Congress of the United States that their body convened in the city of Washington on th« 
4th instant, acd continued in session until the 27th. 

Tliere were in the body, when acticm was taken upon that which is lu're submitted, one hun- 
dred andthirty-three commissioners, representing the folloAving States: Maine, New Hampshire, 
Verm<mt, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Ft nnsvlvania, 
Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri, Ohio, Indiana, 
Illinois, Iowa, Kansas. 



Tiicv 



;y have approved what is herewith submitted, aad respectfully request that vour honorable 
body will submit it to conventions in the States as an article of amendment to tlie Constitution 
of the United States. 

Mr. Eandolph moved that the preamble be adopted, and that the same, 
together with the seven propositions, be authenticated by the President 
and Secretarj^ and the same should be presented by President Tyler to 
the Senate and House of Eoprcsentativcs, and ask the passage thereof. 

Agreed to. 

Mr. Barringer moved that the injunction of secrecy against speaking of 
the action of the Convention, or the ijublication of its proceedings, be now 
removed. 

Agreed to. 

Mr. Johnson, ©f Missouri, asked leave to offer and have placcil in this 
journal, the follojving: 

Resolprd, That while the adoption, by the States of South Carolina, Georgia, Florida, Alabama' 
Mississippi, Loui-'iana, and Texas, of ordinances declaring the dissolution of their relations with 
the Union, is an event deeply to be ileplored, and while abstaining from any judgment on their 
conduct, we would express the earnest hope that they may soon see cause to resume their hon- 
ored places in this confederacy of States ; yer to tlie end that such return may be facilitated, 
and fiv>ni the conviction that the Union being formed by the assent of the people of the respec- 
tive States, and being compatible only with freedom, and the republican institutions guarantied 
to each, cannot and ought not to be maintained by force, we deprecate any effort by the Federal 
Oovernment to coerce, in any form, the said States to re-union or submission, as tending to irre- 
paral)lc breach, and leading to inca!cual)!e ills; and we earnestly invoke the abstinence from all 
oounsels or measures of compulsion towards them. 

Leave was granted. 

Mr. Pollock, on b«ha!f of tho Committee on Finance, reported that they 
had exatnined into the expenses necessary to be met by the Convention. 
That the printing of the journal would be done by the city. They have 



76- PEACE CONFERENCE REPORT. 

found tliat the aggregate amount will be 6735. The portion of each Stat3| 
is coneicquoatly $35, it" the Convention decide to make an equal instalment 
upon all tlie States. 

Mr. Brown moved the adoption of the following: 

Resolved, That the report of the committee be received and accepted; that the committee b« 
continued, and requested to malce the necessary disbursements; and that the States now pay 
ever the sum assessed to the chairman. 

Which was agreed to. 

Mr. Loomis, of Pennsjdvania, sent to the Secretary's table and caused 
to be read the following letter : 

Ckafts J. Wright, Esq., 

Secretary Conference Convention : 

Sir : Please inform the Convention that ^ye have tendered, free of charge, the use of our h»ll 
and lights, which they have occupied. We hope the use may be sanctified by restoring peac« 
to the Union. We are, respectfully, &:c., 

February 2.3, 18G1. J. C. & H. A. WILLARD. 

Whereupon Mr. Loomis offered and asked the adoption of the following 

resolution : 

Resolved, That the thanks of this Convention are justly due, and are hereby given, to the 
Messrs. Willard for the liberal and generous tender, free of charge, of the use of the hall and 
the lights for the purposes expressed in their letter to the Secretary ; and that the Secretary bn 
requested to communicate to them a copy of this resolution. 

Which was unanimously agreed to. 

Mr. Dodge, of New York, moved the adoption of the following: 

Resolved, That the thaidcs of this Convention are justly due, and are hereby given, to th« 
Mayor and Council of the city of Washington, for their kindness and liberality to the members 
of this Convention, in defraying so large an amount of their expenses for printing and stationery, 
and also for the oflicers to protect this hall and the members from intrusion whilst in session, and 
that the Secretary be requested to communicate the same to said parties. 

Which was unanimously agreed to. 

Mr. -Randolph moved that the thanks of the Convention are justly 
due and be given to the clerg}' of the city, for their kind services during 
the Convention; which was unaniniously agreed to. 

The thanks of the Convention were presented to the Secretary and hig 
assistants. 

Mr. Ewing, of Ohio, moved the adoption of the following: 

Resolved, That the thanks of this Convention be tendered to the President for the dignified 
and impartial manner in which he has presided over the deliberations of this body. 

Which was unanimously agreed to: w^hereupon President Tjdcr returned 
to the Convention appropriate thanks. 

Mr. Wickliffe, of Kentuclcy, moved that the Convention now closo its 
session and adjourn ; that they informally meet and take parting leave of 
each other at o o'clock. 

Mr. Brown moved to amend the same by now adjourning without day; 
which was carried by the following vote : 

Ayes — Delaware, Illinois, Kentucky, Maryland, New Jersey, Ohio, Rhode Island, Tennessee, 
Vermont — 9. 

Noes — Ctjnnecticut, Indiana, Missouri, North Carolina, Pennsylvania — 6. 

So the Convention adjourned without da}'. 

Note.— The proposition of .Judge Brockenbrough which was to be placed on the journal, has 
not been sent to the Secretary by Judge B. 



PEACE CONFERENCE RErORT. 77 

Wasuinoton City, March Olh, ISGl. 

The \\n lor.^igncd hereby cortlfics th;it the forcf^oincj Tournivl, printed bj 
McCrill & WitUorow, has been [>rintcil IVoia tlie orii^iiial iiiaiinscript Jour- 
nal of the Conibrcnce Convention, which be<^an its session in tliis city 
February 4th, and terminated Fcl)riiary 27th, IHGl, and that tlio said 
printed cop3' has been carctully compared with the orii^inal p:vpers, ancl 
found to bo accurate. CRAFTS J. WllKJIfT, 

Secretary. 



NAMES AND EESIDENCES 



DELEGATES TO THE CONFERENCE CONVENTION. 



IIAINE. 



William P. Fcssenden, 
Lot M. Morreil, 
Daniel E. Somes, 
Jolin J. Perry, 
Ezra B. French, 
Fi-eeman H. Morse, 
Stephen Gohurn, 
Stephen C. Foster, 



Amos Tuck, 

Levi Chamberlaiia, 

Asa Fowler, 



Hiland Hall, - 
Levi Underwood, 
H. lieni-y Baxter, 
L. E. Chittenden, 
B. D. Karris, 



John Z. Goodrich, - 
Charles Allen, - 
George S. Boatv,'ell, 
Thon'^-.i.nn'^! P. Chandler, 
Francis B. ' 'vowninshield, - 
John M. Forbes, 
Richard P. Waters, 



NEW HAMPSIIIRS. 



VERMONT. 



MASSACHUSETTS. 



Biddeford. 

Biddeford. 
Oxford. 

Damaris Cotta. 
Bath. 

Pembroke. 



Exeter. 
Concord, 

North Bennington, 
Burlington. 
Butland. 
Burlington. 
Brattle boi'o'. 



Stock bridge. 

Worcester. 

Boston. 

Boston. 

Boston. 

Boston. 

Salem, " 



PEACE CONFRr.ENCE REPORT. 



T> 



RnODK ISLAND. 



Samuel Amop, 
Alex:uulor Duncan, 
William W. lloppin, 
(JeorLTO 11. Brown, 
Samuel CI. Arnold, - 



lloi^cr S. Baldwin, 
Cluvunccy F. Cleveland, 
Charles J. McCurdy, 
James T. Pratt, " - 
ilobins Battell, - 
Amos S. Treat, 



David Dudley Field, 
Willian\ Curtis Noyes, 
James 8. Wadsworth, 
James C. Smith, 
Amaziah B. James, 
Erastus Corning, 
.Francis Granger, 
Greene C. Bronson, 
"William E. Dodge, 
John A. King, 
John E. Wool, - 



Charles S. Oldon, - 
Peter D. Vroom, 
.Robert F. Stockton, 
Benjamin Williamson, - 
Joseph F. Randolph, 
Frederick T. Frelinghuyscn, 
Hodman M. Price, - 
AVilliani C. Alexander, - 
Thomas J. Stryker, 



James Pollock, - 
William M. Meredith 
David Wilmot, - 
A. W. Loomis, 
Thomas E. Franklin, 
William McKennan, 
Thomas White, - 



George B. Rodney, - 
Daniel M. Bates, 
Henry Ridgely, 
John W. Houston, 
William Cannon, 



CONNECTICUT. 



KITT YORK. 



NEAV JERSEY 



TENNSYLVANIA. 



DELAWARE. 



Providence. 
Providence. 
J'rovidenco. 
Providence. 
Providence, 



Weindham. 
Lyme. 

Bridgeport. 



New York. 

New York. 

Genesee. 

Canandaigua. 

Ogdensburg. 

Albany. 

Canandaigua. 

New York. 

New York. 

Jamaica. 

Troy. 



Princeton. 

Trenton. 

Princeton. 

Elizabeth. 

Trenton. 

Newark. 

Harrison, Hudson C>>. 

P. O. Broadway, N.T. 

Trenton, 



Milton. 

Philadelphia. 

Tovt'anda. 

Pittsburg. 

Lancaster. 

Wtishington. 

Indiana. 



Newcastle. 
AVilmington. 
Dovei'. 
Mil ford, 
Brldrrevillo, 



80 



PEACE CONFERENCE EEPORT. 



MARYLAND. 



John F. Dent, - 
Revei'dy Johnson, - 
John W. Crisfield, 
Au^i'iistus W. Bradford, 
"William T. Goldsborough, 
J. Dixon Eoman, 
]3enj;>niin C. Howard, - 



John Tyler, - 
William C. Eivcs, 
John W. Brockcnbrough, 
George ^Y. Summers, - 
James A. Seddon, - 



VIRGINIA. 



NORTH CAROLINA. 



George Davis, - 
Thomas Euffin, 
David 8. Eeid, - 
D. M. Barringer, 
J. M. iiorchead, 



Samuel Milligan, - 
Josiah M. Anderson, 
Kobert L. Caruthers, 
Tliomas Martin, 
Isaac R. Hawkins, - 
A. W. 0. Totten, 
R. J. MeKinney, 
Alvin Culloni, - 
William P. Hickerson, 
George W. Jones, 
F. K.'Zollicoffer, - 
William H. Stephens, 



William O. Butler, - 
James B. Clay, - 
Joshua F. Bell, 
Charles S. Morehead, 
James Guthrie, 
Charles A. Wickliffe, 



John D. Coalter, 
Alexander W. Doniphan, 
Waldo P. Johnson, - 
Aylett H. Buekner, 
Harrison Hough, 



TKNNESBEE. 



KENTUCKY. 



MIBBOURI. 



Milestown. 

Baltimore. 

Princess Ann. 

Govanstown. 

Cambridge. 

Hagerstown. 

Catonsville. 



Sherwood Forest, 

Jjexington. 
Kanawha C. H. 



AVilmington. 

Graham. 

Pleasantville. 

Ealeigh. 

Greensboro'. 



Greenville. 

Walnut Valley. 

Lebanon. 

Pulaski. 

Huntington, 

Jackson. 

Knoxville. 

I^i^'ingston. 

Manchester. 

Fayetteville. 

Nashville. 

Jackson. 



Carrollton. 

Ashland. 

Danville. 

I^ouigvillo. 

Louisville. 

Bardstown. 



St. Louis. 

Liberty. 

Osceola. 

Bowling-Greea, 

Charleston. 



PEACE CONFERENCE REPORT. 



81 



OUIO. 



Salmon P. Chase, 
William S. Grocsbeck, 
Franklin T. Backus, 
J?oubon Hitchcock, - 
Thomas Ewing, - 
V. B. Iforton, 
C. P. AVoleott, - 



Caleb B. Smith, 
Pleasant A. Ilackleman, 
God love S. Orth, - 
E. W. 11. Ellis, - 
Thomas C. Slauirhter, 



John Wood, 
Stephen T. Logan, 
John M. Palmer, 
Burton C. Cook, 
Thomas J. Turner, 



James Harlan, 
James W. Grimes, 
Samuel H. Curtis, 
William Vandever, 



Thomas Ewing, jr., 
J. C. Stone, 
H. J. Adams, 
M. F. Conway, - 

11 



INDIANA. 



ILLINOIS. 



IOWA. 



KANSAS. 



Columl)U8 

C'incinnat 
Clewlaiid 
Clevelatid 
Jiancaster 
Pomeroy. 
Akron. 



Indianapolis. 

Pushville. 

Lafayette. 

Goshen. 

Corydon. 



Quincy. 

Springfield. 

Carlinville. 

Ottowa." 

Freeport. 



Mt. Pleasant. 
Burlington. 
Keokuk. 
Dubuque. 



Leavenworth. 
Leavenworth. 
Leavenworth. 
Lawrence. 



APPENDIX. 



The delegates from the seveial States presented the following as the resolutions of their 
respective States, to be considered by the Convention; which were ordered to be printed, and 
made part of the journal : 

TENNESSEE. 

RESOLUTIONS proposing amendments to the Constitution of the United States. 

Resolved Li/ the General Assembly of the Slate of Tennessee, That a Convention of delegates 
f:-om all the shivehulding States sliould assemble at Nashville, Tennessee, or such other place aA 
a majority of the States co-operating may designate, on the 4th day of February, 1861, to digest 
and define a basis upon which, if possible, the Federal Union and the constitutional rights of 
the slave States may be perpetuated and preserved. 

Resolved, That the General Assembly of the State of Tennessee appoint a number of delegates 
to said Convention, of our ablest and" wisest men, equal to our whole delegation in Congress; 
and that the Governor of Tennessee immediately furnish copies of these resolutions to the 
Governors of the slaveholdiug States, and urge the participation of such States iii said Conven- 
tion. 

Resolved, That in the opinion of this General Assembly, such plan of adjustment should 
embrace the following propositions as amendments to the Constitution of the United States : 

1. A declaratory amendment that African slaves, as held under the institutions of the slave- 
holding States, shall be recognized as property, and entitled to the status of other property, in 
the States where slavery exists, in all places within the exclusive jurisdiction of Congress in the 
s'.ave States, in all the Territories south of 36° 30', in the District of Columbia, in transit, and 
whilst temporarily sojourning with the owner in the non-slaveholding States and Territories 
north of 36° 30', and when fugitives from the owner, in the several places above named, as well 
as in all places in the exclusive jurisdiction of Congress in the non-slaveholding States. 

2. That all the territory now owned, or which may be hereafter acquired, by the United States 
south of the parallel of 36° 30', African slavery shall be recognized as existing, and be protected 
I'.y all the departments of the Federal and Territorial Governments, and in all north of that line, 
now owned, or to be acquired, it shall not be recognized as existing; and whenever States formed 
out of any of said territory south of said line, having a population equal to that of a congressional 
district, shall apply for admission into the Union, the same shall be admitted as slave States, 
whilst States north of the line, formed out of said territory, and having a population eqiTal to a 
congressional district, shall be admitted without slavery ; but the States formed out of said 
territory north and south having been admitted as members of the Union, shall have all the 
powers over the institution of slavery possessed by the other States of the Union. 

3. Con2:ress shall have no power to abolish slavery in places under its exclusive jurisdiction, 
and situate within the limits of States that permit the holding of slaves. 

4. Congress shall have no power to abolish slavery within the District of Columbia, as long 
as it exists in the adjoining States of Virginia and Maryland, or-eithcr, nor without the consent 
of the inhabitants, nor without just compensation made to such owners of slaves as do not 
consent to such abolishment. Nor shall Congress at any time prohibit the officers of the Federal 
Government, or members of Congress whose duties require them to be in said District, from 
bringing with them their slaves, and holding them as such, dining the time their duties may 
require 'them to remain there, and afterwards take them from the District. 

5. Congress shall have no power to prohibit or hinder the transportation of slaves from one 
State to another, or the Territory in which slaves are by law permitted to be held, whether that 
transportation be bv land, navigable rivers, or by seas. 

6. In addition to" the Fugitive Slave clause, provide that when a slave has been demanded of 
the Executive authority of'the State to which he has fled, if he is not delivered, and the owner 
permitted to carry him out of the State in peace, the State so failing to deliver shall pay to the 
owner the valueof such slave, and such damages as he may have sustained in attempting to 
reclaim his slave, and secure his right of action in the Supreme Court of the United States, with 
execution against the propertvof such State and the individuals thereof. 

7. No future amendment of the Constitution shall aflect the six preceding articles, nor the third 
paragraph of the second section of the first article of the Constitution, nor the third paragraph 
of the second section of the fourth article of the Constitution ; and no amendments shall be 
made to the Constitution which will authorize or give to Congress any power to abolish or inter- 
fere with slavery in any of the States by whose laws it is, or miy be, allowed or permitted. 



PEACE CONFERENCE REPORT. 83 

8. Tint sliue property s^Iiall be rendered sociirc in transit through, or wliilsl tamporarily 
soioniMM!:; in, non-slavehoUling Stiites or Territories, or in the District of Coluuiliia. 

9. Am lunondniont to the efiect that all fugitivoa are to be di.eincd those oll'ciiding the hnv9 
within the jurisdiction of the State, and who escape tlicrefroni to other .States ; and tlul it is tlie 
duty of each State to suppress aimed invasions of anotlier State. 

Rcsolvpd, That said Convention of the sl.iveholdin^ States havin;:; agreed upon a bo-sis of 
adjustment satisfactory to themselves, should, in the opinion of this Oeiieral Assembly, refer '.t 
to a Convention of all the States, slavcholdui;^ and uon-slaveholdinj;, in the manner followin{,' : 

It should invite all States friendly to such plan of adjustment, to elect delegates iu such man- 
ner as to reflect the popular will, to assemble in a Constitutional Convention of all the St:At'<fl 

North and South, to be held at Richmond, Virginia, on the day of February, l>GI,t) 

revise and perfect sucli plan of adjustment, for its reference lor final ratification and adoption 
by a Convention of the States respectively. 

Resolved, That should a plan of adjustment, satisfactory to the Sotith, not be aceeiled to l^y 
a retpiisite number of States to perfect amendments to the Constitution of the United States, 
it is the opinion of this General Assembly that the slaveholding States should adopt for them- 
selves the Constitution of the United States, with such amendments as may be satisfactory to the 
slaveholding States, and that they should invite into the Union with them all iStates of the Nor'h 
which are willing to abide such amended Constitution and frame of Government, severing atonte 
all connections with States refusing such reasonable guarantees to our future safety; suchreneweJ 
conditions of Federal Union being first submitted for ratification to Conventions of all the States 
respectively. 

kcsolced, That the Governor 6f the State of Tennessee furnish copies of these lesolutioia 
immediately to the Ciovernors of the non-slaveholding States. 



onic:>. 

JOINT RESOLUTIONS of the General Assembly of the State of Ohio, relative to tlie appoint- 
ment of Commissioners to the Convention to meet in Washington on the 4th of February, 
proximo. Passed January 30, 1861. 

Whkrf.as, The Commonwealth of Virginia has appointed five Commissioners to meet in the 
city of Washington on the 4th day of February next, with similar Commissioners from other 
States, and after full and free conference to agree, if practicable, upon some adjustment of the 
unhappy dilliculties now dividing our country, which may be alike satisfactory and honorable to 
the States concerned ; therefore, be it 

Resolved by the General Assembly of the State of Ohio, That the Governor, by and with the 
advice and consent of the Senate, be, and he is hereby, authorized and empowered to appoint five 
Commissioners to represent the State of Ohio in said Conference. 

Resolved, That wliile we are not prepared to assent to the terms of settlement proposed by 
Virginia, and are fully satisfied that the Constitution of the United States as it is, if fairly inter- 
preted and obeyed by all sections of our country, contains ample provisions within itself for the 
correction of all evils complained of, yet a disposition to reciprocate the patriotic spirit of a sister 
State, and a sincere desire to have harmoniously adjusted all differences between us, induce us to 
favor the appointment of the Commission as requested. 

Resolved, That the Governor be requested to ti-ansmit without delay a copy of these resolutions 
to each of the Commissioners to be appointed as aforesaid, to the end that they may repair to the 
City of Washington, on the day hereinbefore named, to meet such Commissioners as may be 
appointed by any of the States in accordance with the aforesaid prepositions of Virginia. 

Resolved, That in the opinion of this General Assembly, it will be wise and expedient to 
adjourn the proposed Convention to a later day, and that the Commissioners to be appointed as 
aforesaid, are requested to use their influence in procuring an adjournment to the 4th day of 
April next. 

KENTUCKY. 

RESOLUTIONS appointing Commissioners to attend a Coni'erence at Washington City, Feb 
ruary 4th, in accordance with the invitation of the Virginia Legislature. 

Whereas, The General Assembly of Virginia, with a view to make an effort to preserve the 
Union and the Constitution in the spirit in'which they were established by the fathers of the 
Republic, have, by resolution, invited all the States who are willing to unite with her in an 
earnest effort to adjust the present unhapj)y controversies, to appoint Commissioners to meet oa 
the 4th of Februai-v next, to consider, and'if practicable, agree upon some suitable adju-tment — 

Resolved, That we heartily accent the invitation of our Old Mother \'irginia, and that the fol- 
lowing six Commissioners, viz: Wm. O. Butler, Jas. B. Clay, Joshua F. Bell, C. S. IMorehead, 
Jas. Guthrie, and Chas. A. Wicklitfe, be appointed to represent the State of Kentucky in the 
contemplated Convention, whose duty it shall be to repair to the city of Washington, on the daj 



84 PEACE CONFEEENCE REPORT. 

designated, to meet such Commissioners as may be appointed by any of the States in accordance 
with the foregoing invitation. 

Resolved, That if said Commissioners shall agree upon any plan of adjustment requiring 
amendments to the Federal Constitution, they be requested to communicate the proposed amend- 
ments to Congress, for the purpose of having the same submitted by that body, according to the 
forms of the Constitution, to the several States for ratification. 

Resolved, That if said Commissioners cannot agree in an adjustment, or if agreeing, Congress 
shall refuse to submit for ratification such amendments as they may propose, the Commissioners 
of this State shall immediately communicate the result to the Executive of this Commonwealth, 
to be by him laid before this General Assembly. 

Resolved, That in the opinion of the General Assembly of Kentucky, the propositions 
embraced in the resolutions presented to the Senate of the United States by the Hon. John J. 
Crittenden, so construed that the first article proposed as an amendment to the Constitution of 
the United States shall apply to all the territory of the United States now held or hereafter 
acquired south of latitude 36 deg. and 30 min., and provide that slavery of the African race shall 
be effectuallv protected as property herein during the continuance of the Territorial Government; 
and the fourth article shall secure to the owners of slaves the right of transit with their slaves 
between and through the non-slaveholding States and Territories, constitute the basis of such an 
adjustment of the unhappy controversy which now divides the States of this Confederacy, as 
would be acceptable to the people of this Commonwealth. 

Resolved, That the Governor be, and he is hereby, requested to communicate information of 
the foregoing appointment to the Commissioners above named, at as early a day as practicable, 
and that he also communicate copies of the foregoing resolutions to the Executives of the respec- 
tive States. 



INDIANA. 

A JOINT RESOLUTION authorizing the Governor to appoint Commissioners to meet those 
sent by other States in Convention on the state of the Union. 

Whereas, The State of Virginia has transmitted to this State resolutions adopted by her 
General Assembly, inviting all such States as are willing to unite with her in an earnest effort to 
adjust the unhappy controv-ersies, in the spirit in which the Constitution was originally formed, to 
send Commissioners to meet those appointed by that State in Convention, to be held in the city 
of Washington, on the fourth day of February next, to consider, and if possible, to agree upon 
some suitable adjustment : 

And whereas, some of the States to which invitations were extended by the State of Virginia 
have alreadv responded and appointed their Commissioners: therefore, 

Resolved by the General Assembhj of the State of Indiana, That we accept the invitation of 
the State of Virginia, in the true spirit of fraternal feeling, and that the Governor of the State 
is hereby directed and empowered to appoint five Commissioners to meet the Commissioners 
appointed by our sister States, to consult upon the unhappy differences now dividing the country; 
but the said Commissioners shall take no action that will commit this State until nineteen of the 
States are represented, nor without first having communicated with this General Assembly in 
regard to such action, and having received the authority of the same so to commit the State. 

Resolved, That while we are not prepared to assent to the terms of settlement proposed by the 
State of Virginia, and are fuilv satisfied that the Constitution, if fairly interpreted and obeyed, 
contains ample provision within itself for the correction of the evils complained of; still, with a 
disposition to reciprocate the patriotic desire of the State of Virginia, and to have harmoniously 
adjusted all differences existing between the States of the Union, this General Assembly is 
induced to respond to the invitation of Virginia, by the appointment of the Commissioners here- 
in provided for; but as the time fixed for the Convention to assemble is so near at hand that the 
States cannot all be represented, it is expected that the Commissioners on behalf of this State 
will insist that the Convention adjourn until such time as the States shall have an opportunity 
of being represented. 

Resolved, That his Excellency, the Governor, be requested to transmit copies of these resolu- 
tions to the Executives of each of the States of the Union. 



DELAWARE. 

JOINT RESOLUTIONS appointing Commissioners. 

Whereas, The State of Virginia has recommended the holding of a Convention of Delegates 
from all the States of the Union, at the City of Washington, on the 4th day of February next, 
for the purpose of taking into consideration and perfecting some plan of adjusting the matters 
of controversy now bo unhappily subsisting in the family of States, and hasappointed five Com- 
missioners to represent the people of that Commonwealth in said Convention ; and 



PE.\CE CONFERENCE REPORT. 85 

Whereas, the people of tlie Stiitc of Delaware regard the preservation of the Uulnn as para- 
mount to any jtolitical consideration, and are lixed in their determination tliat Delaware, the first 
to adopt the Federal Constitution, will be the last to do any act tending to dcstroj the iutegi-ity 
of the Union; therefore, 

lie it n sallied Inj the Srnatr and House of lii'iirrsnitativis of the State of Dclavarr in General 
Asseinlihj met, Tiiat the Hon. ,(ie()ri:;e B. Rudiiey, Daniel M. Jiates, Ks(|., Dr. Jienry llid^dey, 
Hon. John W. Houston, and VVilliani Cannon, iv-c]., be, and they are hereby, ajipointed Com- 
missioners, on l)elialf of the State of Delaware, to represent the people of said State in tiie Con- 
vention to be held at Washington, on the fourth day of February next. 

liesulved, That in the opinion of this (ieneral Assembly, the people of Delaware are thor- 
outrhlv devoted to the perpetuity of the Union, and that the Comini.ssioncr.s appointed by the 
foregoing resolution are expected to emulate the example set by the immortal patriots who 
framed the Federal Constitution, by sacriiicing all minor considerations upon the altar of the 
Union. 

Resolved further. That it shall be the duty of the Secretary of State to furnish a copy of the 
above preamble and resolutions to each of tlie Commissioners hereiaand hereby appointed, duly 
attested under the great seal of the State. 

Kesohed further," Thtxi immediately upon the adoption of the foregoing preamble and resolu- 
tions, it shall be the duty of the Clerk of the House to transmit to the Secretary of State a copy 
thereof, certified by him; and when the Secretary of State shall have received said copy so cer- 
tified, it shall be evidence that said preamble and resolutions were duly adopted by this General 
Assembly. 

ILLINOIS. 

Whereas, Resolutions of the State of Virginia have been communicated to the General 
Assembly of this State, proposing tlie appointment of Commissioners by the several States to 
meet in convention, on the 4th day of February, A. D. ISGl, at Washin^jton. 

Resolved liij the Senate, the House of Representatives concurring herein, That with the earnest 
desire for the return of harmony and kind relations among all our sister States, and out of respect 
to the Commonwealth of Virginia, the Governor of tliis State be requested to appoint five Com- 
missioners on the part of the State of Illinois, to confer and consult with the Commissioners of 
other States who shall meet at Washington: Procidcd, That said Commissioners shall at all 
times be subject to the control of the General Assembly of the State of Illinois. 

Resolved, That the appointment of Commissioners by the State of Illinois, in response to the 
invitation of the State of Vipginia, is not an expression of opinion on the part of this State that 
any amendment of the Federal Constitution is requisite to secure to the people of the slavehold- 
ing States adequate guarantees for the security of their rights, nor an approval of the basis of 
settlement of our dilHculties ))roposed by the State of Virginia, but it is an expression of our 
willingness to unite with the State of Virginia in an earnest efibrt to adjust the present unhappy 
oontroversies in the spirit in which the Constitution was originally formed, and consistently with 
its principles. 

Resolved, That while we are willing to appoint Commissioners to meet in convention with those 
of other States for consultation upon matters which at presennt distract our harmony as a 
nation, we also insist that the appropriate and constitutional method of considering and acting 
upon tlie grievances complained of by our sister States, would be by the call of a convention for 
the amendment of the Constitution in the manner contemplated by the fiifr.h article of that instiu- 
ment; and if the States deeming themselves aggrieved, shall request Congress to call such conven- 
tion, the Legislature of Illinois will and does concur in such call. 



XEW .lEr.SEY. 

JOINT RESOLUTIONS in relation to the Union of the States. 

Wherfas, The people of New Jersey, conforming to the opinion of "the Father of his Coun- 
try," consider the unity of the government, which constitutes the people of the United States 
one people, a main pillar in the edifice of their independence, the support of tlieir tranquility at 
•home and peace abroad, of their prosperity, and of that liberty which they so highly prize; and 
properly estimating tlie immense value of their National Union to their individual happiness, 
they cherish a cordial, habitual, and immovable attachment to it .as the palladium of their polit- 
ical safety and prosperity; therefore, 

1. Be it resolved hy tlie Senate and General Assemhhj of the Slate of Nero Jersey, That it is the 
duty of every good citizen, in all suitable and proper ways, to stand by and sustain the Union of 
the States as transmitted to us by our fathers. 

'2. And he it resolved. That the government of the United States is a national government, and 
the Union it was designed to perfect is not a mere compact or league; and that the Constituiioa 
was adopted in a spirit of mutual compromise and concession by the people of the United States, 
uad can only be preserved by the constant recognition of that spirit. 



^6 



PEACE CONFERENCE REPORT. 



3. And he it resolved. That however undoubted may be the right of the general government 
to maintain its authority and enforce its laws over all parts of the couutiy, it is equally certain 
that forbearance and compromise are indispensable at this crisis to the perpetuity of the Union, 
and that it is the dictate of reason, wisdom, and patriotism peacefully to adjust whatever differ- 
ences exist between the different sections of the country- 

4. And he it resnlced. That the resolutions and propositions submitted to the Senate of the 
United States by the fion. John J. Crittenden, of Kentucky, for the comjnomise of the questions 
in dispute between the j)etip!e of the Norihern and of the Southern States, or any other constitu- 
tional method that will permanently settle the question of slavery, wiU be acceptable to the people 
of the State of New Jersey, and the Senators and Representatives in Congress from New Jersey 
be requested and earnestly urged to support those resolutions and propositions. 

5. And he it resolved, I'hat as tlie Union of tlie States is in imminent danger unless the reme- 
dies before suggested be speedily adopt rd, then, as a last resort, the State ol New Jersey hereby 
makes application, according to the terms of the Constitution, of the Congress of the United 
States, to call a convention (of the States) to propose amendments to said Constitution 

6. And he it resoUed, That such of the States as have in Ibrce laws which interfere with the 
constitutional rights of citizens of the other Stutes, either in regard to their persons or property, 
or which militate against the just construction of that part of the Constitution that provides that 
" the citizens of each State shall be entitled to all the privileges and immunities of citizens in 
the several States," are earnestly urged and requested, for the sake of peace and tbe Union, to 
repeal all such laws. 

7. And he it resolved. That His Excellency, Charles S. Olden, Peter D. Vroom, Robert F. 
Stockton, Benjamin Williamson, Joseph F. Randolph, Frederick T. Frelinghuysen, Rodman M. 
Price, William C. Alexander, and Thomas J. Stryker, be appointed commissioners to confer 
with Congress and our sister States, and urge upon them the importance of carrying into effect 
the principles and objects of the foregoing resolutions. 

8. And he it resolved, That the commissioners above named, in addition to their other powers, 
be authorized to meet with those now or hereafter to be appointed by our sister State of Virginia, 
and such commissioners of other States as ha^ e been, or may be hereafter appointed, to meet at 
W^ashington on the fourth day of February next. 

9. And he it resolved, That copies of the foregoing resolutions be sent to the President of the 
Senate and Speaker of the House of Representatives of the United States, and to the Senators 
and Representatives in Congress from New Jersey, and to the Governors of the teveral States. 



NEW YOKK. 

CONCURRENT RESOLUTIONS appointing commissioners from this State to meet commis- 
sioners from other States at Washington, on invitation of Virginia. 

Whereas, The State of Virginia, by resolutions of her General Assembly, passed the IBth 
instant, has invited such of tlie slaveholding and non-slaveholding States as are willing to unite 
with her to meet at Washington on the 4th of February nest, to consider, and, if practicable, 
agree on some suitable adjustment of our national difficulties ; and whereas, the people of l^ew 
York, w-hile thev hold the opinion that the Constitution of the United States, as it is, contains all 
needful guarantees for the rights of the States, are, nevertheless, ready at all times to conier 
with their brethren upon all alleged grievances, and to do all that can justly be requiied of them 
to allav discontent : therefore, 

Resolved, That David Dudley Field, Wm. Curtis Noyes, James S. W^adsworth, Jas. C. Smith, 
Amaziah B. James, Erastus Corning, Addison Gardiner, Greene C. Bronson, Wm. E. Dodge, ex- 
Governor John A. King, and Major General John E. Wool, be, and are hereby, appointeel com- 
missioners, on the part of this State, to meet Commissioners from other States in the city of Wash- 
ini^ton on the 4th day of February next, or so soon thereafter as Commissioners shall be appointed 
by a majority of the States of the Union, to confer with them upon the complaints of any part 
of the country, and to suggest such remedies therefor as to them shall seem lit and proper ; but 
the said Commissioners shall, at all times, be subject to the control of this Legislature, and shall 
cast five votes to be determined by a majority of their number. 

Resolved, Th;it in thus acceding to the request of Virginia, it is not to be understood that this 
Legislature approve of the propositions submitted by the General Assembly of that State, or con- 
cedes the propriety of their adoption by the proposed Convention. But while adhering to the 
position she lias heretofore occupied. New York will not reject an invitation to a conference, 
which, by bringing together the men of both sections, holds out the possibility of an honorable 
settlement of our national diiiiculties, and the restoration of peace and harmony to the country. 

Resolved, That the Governor be retiuested to transmit a copy of the foregoing resolutions to 
the Executives of the several States, and also to the President of the United States, and to in- 
form the Commissioners without delay of tlieir appointment. 

Resolved, That the foregoing resolutions be transmitted to the honorable the Senate, with a 
request that they concur therein. 



PEACE CONFERENCE REPORT. 87 

pen:n.svj;vama. 

RESOLUTIONS to appoint Commissioners to a Coiivcutiun of tlie States. 

Whcrens, the Lepislsiture of tl)e State of Virginia has invited a meeting; of Commissioners 
from the Fevenil Stutes of this Union, to be lielii in tlic city of VVa.^liiiifiton, on the 4th day of 
Fehruiiry mxt, to consider, and if pracliciibie, ajjree npon some f-'uital>le adjustment of tiie 
\inhappy dilVerenccs wliich now disturb the business of the country und threaten tiie dissolution 
of this Union : 

And wlureas, in the opinion of this Legislature, no rcat;on.ibIc cause exists f(ir this extru- 
ordinary excitonient wliich now pervades some of the States, in relation to tliiir domestic institu- 
tions, and wliile Pennsylvania still adheres to, and caiuiot surrender the principles wliich she lius 
always entertained on the >ubject of slavery, this Legislature is willing to accept the invitation 
of Virginia, and unite with her in an earnest effort to restore the peace of the country, bv such 
means as may be consistent with the principles upon which the Constitution is founded ; there- 
fore, 

Resolved by the Senate and Hotifie of Rejireseniatives of the Cowmonircalth of Pennsylvania in 
General Anssivibly met, That the invitation of the Lejiislaturc of \'irf;inia to her sister States, 
for the apiiointmeut of Conimissioners to meet in the city of \Vasliiii;^ton, on the fourth of 
February next, be, and the same is hereby, accepted ; and that the Governor be, and he is 
hereby, authorized to appoint seven Commissioners for the State of Pennsylvania, whose duty it 
shall be to repair to the city of Washington, on the day designated, to meet sucii Commissioners 
as may be appointed by any other States, which have not authorized or sanctioned the seizure 
of the forts, arsenals, or other property of the United States, to consider, and if possible, to 
agree upon suitable measures for tlie prompt and fijial settlement of the diiiiculties which now 
exist : Provided, That the said Commissioners shall be subject, in all their proceedings, to the 
instructions of this Legislature. 

Resolved, That in the opinion of this Legislature, the people of Pennsylvania do not desire 
any alteration or amendment of the Constitution of the United States, and any recommendation 
from this body to that effect, while it does not come within its appropriate and legitimate duties, 
would not meet with their approval ; that Pennsylvania will cordially unite with the other .States 
of the Union in the adojition of any proper constitutional measures adccjuate to guarantee and 
secure a more strict and faithful observance of the second section of the fourth article of the 
Constitution of the United States, which provides, among other things, that " the citizens of 
each State shall be entitled to all privileges and immunities of citizens of the several States," 
and that no person held to service or labor in one State under the law thereof, escaping into 
another, shall in consequence of any law or regulation therein, be discharged from such service or 
labor, but shall be delivered up on the claim of the party to whom such service or labor may 
be due. 



MASSACHUSETTS. 

RESOLVE for the appointment of Commissioners to attend a Convention to be held in the city 

of V\/^ashington. 

Whereas, The Commonwealth of Massachusetts is desirous of a full and free conference with 
the General Government, and with any or all of the other States of the Union, at any time, and 
on every occasion, when such conference may promote the welfare of the country ; and whereas, 
questions of grave moment have arisen touching the powers of the Government and the relations 
between the different States of the Union ; and wliereas, the State of Virginia has expressed a 
desire to meet her sister States in Convention at Washington : therefore. 

Resolved, That the Governor of this Commonwealth, by and with the advice and consent of 
the council, be, and he hereby is authorized, to appoint seven persons as Commissioners, to pro- 
ceed to Washington to confer with the General Government, or with the se[iarate States, or 
with any association of delegates from such States, and to re[iort their doings to the Legislature 
at its present session ; it being expressly declared that their acts shall be at all times under the 
coDtrol, and subject to the approval or rejection, of the Legislature. 



EIIODE ISLAND. 

Whereas, The General Assembly of the Commonwealth of Virginia, on the I9th day of 
January iust., adopted resolutions inviting the sister States of this Union to appoint Commis- 
sioners to meet on the 4th day of February next in the city of Washington, to consider the prac- 
ticability of agr(eing on terms of adjustment of our present national troubles : 

Reanlced, That the (iovernor be, and he is hereby authorized, to appoint five Commissioners, 
on the part of this State, to meet such Commissioners as may be appointed l>y other States, In 



00 PEACE CONFERENCE REPORT. 

the city of Washington on the 4th day of February next, to consider, and, if practicable, agree 
upon some amicable adjustment of tlie present unhappy national difficulties, upon the basis and 
in the spirit of the Constitution of the United States. 



MISSOUEI. 

JOINT RESOLUTION to appoint Commissioners. 

Resolved by the House of Represeniatives, the Senate covcurring thereivij That Waldo P. John- 
son, John D. Coalter, A. W. Doniphan, flarrison Hough, and A. H. Buckner, be appointed Com- 
missioners, on the part of the State of Missouri, to meet Commissioners from Virginia, and other 
States, in Convention at Washington city on the 4th of February, 1861, to endeavor to agree 
upon some plan of adjustment of existing difficulties, so as to preserve or to reconstruct the 
Union of these States, and to secure the honor and equal rights of the slaveholding States. 
Said Commissioners shall always be under the control of the General Assembly, except when 
the State Convention shall be in session, during which time they shall be under the control of 
the Convention. 



LBFe '07 



5^ 



, OF THE 



KENTUCKY COMMISSIONERS 



TO THE LATE 



PEACE CONFERENCE HELD AT WASHINGTON CITY, 



MADE TO THE LEGISLATURE OF KENTUCKY. 



FRANKFORT, KY.: 

PRINTED AT THE Y E O .M A N OFFICE, 

JNO. B. MAJOR, STATE PRINTER. 

1861. 



BSwRJwwf 


iH 


V 


LIBRARY OF CONGRESS 

li 11 1 1 li^. i 1 
012 026 468 ^ 




^^^^^^^^H 




5 




Mmi^> V ' HHjiliij 













